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.