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july 2009

Supreme Court of India · 2009-07-21

P.A.Jayalakshmi vs H.Saradha & Ors

Citation / case number
AIRONLINE 2009 SC 232
Court
Supreme Court of India
Petitioner
P.A.Jayalakshmi
Respondent
H.Saradha & Ors
Author
S.B. Sinha
Bench
Deepak Verma, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the distinction between Order VIII Rule 9 and Order VI Rule 17 of the Code of Civil Procedure, emphasizing that the introduction of a Will after the commencement of trial is not permissible if it alters the rights of the parties involved. The Court upheld the High Court's dismissal of the appellant's Civil Revision Petition, affirming that the late introduction of the Will would significantly change the claims of the parties, thus justifying the refusal to allow the additional written statement. The ruling reinforces the principle that procedural rules must be adhered to in order to maintain the integrity of the judicial process.

P.A.Jayalakshmi vs H.Saradha & Ors · Niyam