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april 2008

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.

Ashutosh Chaturvedi vs Prano Devi @ Parani Devi & Ors · Niyam