Supreme Court of India · 2007-10-12
Niyamat Ali Molla vs Sonargon Housing Co-Operative Society ...
- Citation / case number
- AIR 2008 SUPREME COURT 225
- Court
- Supreme Court of India
- Petitioner
- Niyamat Ali Molla
- Respondent
- Sonargon Housing Co-Operative Society ...
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Harjit Singh Bedi
Judgment text excerpt
The Supreme Court addressed the issue of amendment of plaint under Section 151 of the Code of Civil Procedure, holding that amendments can be made to correct misdescription of property if no prejudice is caused to the opposing party. The Court emphasized that the identity of the suit property was not in dispute and that the amendment sought was merely to rectify an accidental error. The Court upheld the lower court's decision to allow the amendment, affirming the decree in favor of the plaintiff.