Supreme Court of India · 2008-04-22
Ashutosh Chaturvedi vs Prano Devi @ Parani Devi & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 2171
- Court
- Supreme Court of India
- Petitioner
- Ashutosh Chaturvedi
- Respondent
- Prano Devi @ Parani Devi & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, V.S. Sirpurkar
Judgment text excerpt
The Supreme Court held that the application for amendment of plaint under Order VI Rule 17 of the CPC was rightly dismissed by the Trial Court and affirmed by the High Court, as it sought to change the nature of the suit and was barred by limitation under Article 97 of the Limitation Act, 1963. The Court emphasized that the amendment was sought 13 years after the filing of the suit, which was not maintainable. The appeal was dismissed, upholding the lower courts' decisions.