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.