Supreme Court of India · 2004-11-19
Raj Kumar vs Dipender Kaur Sethi
- Citation / case number
- AIR 2005 SUPREME COURT 1592
- Court
- Supreme Court of India
- Petitioner
- Raj Kumar
- Respondent
- Dipender Kaur Sethi
- Bench
- Shivaraj V. Patil, B.N. Srikrishna
Judgment text excerpt
The Supreme Court held that the amendment of the plaint to include the plaintiff's readiness and willingness to perform the contract is permissible under Order 6 Rule 17 of the CPC. The Court emphasized that such amendments should not change the nature of the suit, which was originally for specific performance. The Court overturned the High Court's dismissal of the civil revision application, allowing the amendment and reinstating the suit for specific performance, affirming that it was filed within the limitation period.