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april 2008

Supreme Court of India · 2008-04-28

M.C.Agrawal Huf vs M/S. Sahara India & Ors

Citation / case number
AIR 2008 SUPREME COURT 2887
Court
Supreme Court of India
Petitioner
M.C.Agrawal Huf
Respondent
M/S. Sahara India & Ors
Bench
Tarun Chatterjee, Harjit Singh Bedi

Judgment text excerpt

The Supreme Court held that the rejection of an application for amendment of plaint under Order 6 Rule 17 of the Code of Civil Procedure was erroneous, as the amendment was necessary to resolve the real controversy between the parties. The Court emphasized that the merits of the case should not be considered at the amendment stage and that the plaintiff/appellant could amalgamate claims for mesne profits and other reliefs. The Court set aside the High Court's order and allowed the amendment, restoring the suit for further proceedings.

M.C.Agrawal Huf vs M/S. Sahara India & Ors · Niyam