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october 2007

Supreme Court of India · 2007-10-12

NIYAMAT ALI MOLLA vs SONARGON HSG COOP SOCIETY LTD. .

Citation / case number
SC 2006/14859
Court
Supreme Court of India
Petitioner
NIYAMAT ALI MOLLA
Respondent
SONARGON HSG COOP SOCIETY LTD. .
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

Judgment text excerpt

The Supreme Court addressed the issue of amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, emphasizing that amendments should be allowed to correct accidental errors and misdescriptions, provided they do not cause prejudice to the other party. The Court held that the amendment sought by the plaintiff to clarify the description of the suit property was permissible as it was a case of misdescription and did not alter the nature of the suit. The Court affirmed the lower court's decision to allow the amendment, thereby upholding the plaintiff's title and possession over the property.

NIYAMAT ALI MOLLA vs SONARGON HSG COOP SOCIETY LTD. . · Niyam