Supreme Court of India · 2009-12-15
JASWANT KAUR vs SUBHASH PALIWAL .
- Citation / case number
- SC 2006/4242
- Court
- Supreme Court of India
- Petitioner
- JASWANT KAUR
- Respondent
- SUBHASH PALIWAL .
- Author
- ALTAMAS KABIR
Judgment text excerpt
The Supreme Court held that the High Court erred in rejecting the petitioners' applications under Order VI Rule 17 and Order XLI Rule 27 of the Code of Civil Procedure, 1908, for amendment of the written statement and for additional evidence regarding the Will executed by Bhavani Shankar. The Court established that the petitioners were justified in seeking to introduce the Will as it was not in their possession prior to the specified date, and the rejection of their applications was not warranted. Consequently, the Supreme Court set aside the High Court's order and allowed the petitioners' applications, enabling them to present their case regarding the Will.