Supreme Court of India · 2008-07-14
P.Kunjukrishna Pillai & Anr vs D.Sreekantan Nair & Ors
- Citation / case number
- AIRONLINE 2008 SC 102
- Court
- Supreme Court of India
- Petitioner
- P.Kunjukrishna Pillai & Anr
- Respondent
- D.Sreekantan Nair & Ors
- Bench
- Lokeshwar Singh Panta, R. V. Raveendran
Judgment text excerpt
The Supreme Court held that the High Court erred in rejecting the applications under Order 6 Rule 17 and Order 41 Rule 27 CPC for amendment of written statement and additional evidence, respectively. The Court established that the timing of the amendment application should not be the sole ground for rejection, especially when it seeks to introduce an additional ground related to suit schedule item no. 5. The appeal was allowed, affirming the trial court's decisions on other items while remitting the matter regarding item no. 5 back to the trial court for further proceedings.