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february 2008

Supreme Court of India · 2008-02-22

B.K.SAVITHRI vs M. NARAYAN

Citation / case number
SC 2008/9429
Court
Supreme Court of India
Petitioner
B.K.SAVITHRI
Respondent
M. NARAYAN
Bench
ALTAMAS KABIR & J.M. PANCHAL

Judgment text excerpt

The Supreme Court addressed the maintainability of a suit under Section 41(h) of the Specific Relief Act, affirming that the trial court's dismissal was justified. The Court held that amendments to the plaint under Order 6 Rule 17 of the CPC allowed the suit to become maintainable and subject to trial on merits. The High Court's decision to add respondents as plaintiffs was upheld, emphasizing their right to pursue remedies after the suit's restoration.

B.K.SAVITHRI vs M. NARAYAN · Niyam