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august 2004

Supreme Court of India · 2004-08-05

PANKAJA vs YELLAPPA (D) BY LRS. .

Citation / case number
SC 2003/24844
Court
Supreme Court of India
Petitioner
PANKAJA
Respondent
YELLAPPA (D) BY LRS. .
Author
SANTOSH HEGDE
Bench
N. SANTOSH HEGDE & S.B. SINHA.

Judgment text excerpt

The Supreme Court held that the rejection of an application for amendment of the plaint under Order 6 Rule 17 CPC solely on the grounds of delay is erroneous, as it must be shown that serious prejudice would result to the opposite party. The Court emphasized that the proposed amendment should not be denied if it merely seeks to clarify or further existing claims in the plaint. The Court overturned the High Court's dismissal of the appellants' revision petition, allowing the amendment to include a declaration of title to the property in question.

PANKAJA vs YELLAPPA (D) BY LRS. . · Niyam