Supreme Court of India · 2008-01-17
Usha Devi vs Rijwan Ahamd & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 1147
- Court
- Supreme Court of India
- Petitioner
- Usha Devi
- Respondent
- Rijwan Ahamd & Ors
- Author
- Aftab Alam
- Bench
- G.P.Mathur, Aftab Alam
Judgment text excerpt
The Supreme Court held that the rejection of the appellant's amendment petition under Order 6, Rule 17 of the Code of Civil Procedure was improper, as the amendment sought to correct a genuine mistake in the description of the suit property. The Court emphasized that amendments should be allowed to ensure that the real controversy between the parties is adjudicated, and that the trial court's refusal to permit the amendment was not justified. Consequently, the Court set aside the High Court's order and allowed the amendment to the plaint.