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november 2004

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.

Raj Kumar vs Dipender Kaur Sethi · Niyam