Supreme Court of India · 2002-01-09
PREM BAKSHI vs DHARAM DEV .
- Citation / case number
- SC 2001/5135
- Court
- Supreme Court of India
- Petitioner
- PREM BAKSHI
- Respondent
- DHARAM DEV .
- Author
- S.N. PHUKAN K.T. THOMAS
- Bench
- S.N. PHUKAN K.T. THOMAS
Judgment text excerpt
The Supreme Court examined the applicability of Section 115 CPC regarding the High Court's revisional powers over a trial court's order allowing an amendment to the plaint. The Court held that the High Court erred in setting aside the trial court's decision, as the amendment was necessary to address the issue of limitation and the nature of the decree from 1943. The Court emphasized that the High Court should not interfere unless the trial court acted without jurisdiction or caused a failure of justice, thus allowing the appeal and reinstating the trial court's order.