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august 2004

Supreme Court of India · 2004-08-05

Pankaja & Anr vs Yellappa (D) By Lrs. & Ors

Citation / case number
AIR 2004 SUPREME COURT 4102
Court
Supreme Court of India
Petitioner
Pankaja & Anr
Respondent
Yellappa (D) By Lrs. & Ors
Bench
N. Santosh Hegde, S.B. Sinha

Judgment text excerpt

The Supreme Court held that the rejection of an application for amendment of plaint under Order 6 Rule 17 of the CPC solely on the grounds of delay is erroneous, as it contradicts established jurisprudence that delay alone should not bar amendments unless it causes serious prejudice to the opposite party. The Court emphasized that the proposed amendment must be considered in light of the original plaint's averments regarding title, and the power to allow amendments is broad and unfettered. The Court set aside the High Court's order and allowed the amendment application, thereby enabling the appellants to assert their title to the property.

Pankaja & Anr vs Yellappa (D) By Lrs. & Ors · Niyam