Supreme Court of India · 2002-04-30
Jayanti Roy vs Dass Estates Pvt. Ltd.
- Citation / case number
- AIR 2002 SUPREME COURT 2394
- Court
- Supreme Court of India
- Petitioner
- Jayanti Roy
- Respondent
- Dass Estates Pvt. Ltd.
- Bench
- D.P. Mohapatra, D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court allowed the appeal against the rejection of an amendment application in an eviction suit under Section 17(2) & (2A) of the West Bengal Premises Tenancy Act, 1956. The Court held that amendments to pleadings should not be refused if moved at the proper stage and without undue delay, especially when there is no material inconsistency in the proposed amendments. The Court set aside the orders of the trial court and High Court, allowing the amendment to clarify the status of Alamohan Dass as a 'permissive occupier'.