Supreme Court of India · 2013-04-18
Mashyak Grih.Sahakari San.Maryadit vs Uman Habib Dhuka & Ors
- Citation / case number
- AIR 2013 SC (CIV) 2373
- Court
- Supreme Court of India
- Petitioner
- Mashyak Grih.Sahakari San.Maryadit
- Respondent
- Uman Habib Dhuka & Ors
- Author
- M.Y.Eqbal
- Bench
- Arjan Kumar Sikri, M.Y. Eqbal, P. Sathasivam
Judgment text excerpt
The Supreme Court upheld the High Court's decision allowing the plaintiffs to amend their plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, to include a challenge against the Conveyance Deed dated 8th February, 1989. The Court established that amendments should be liberally allowed to ensure that all relevant issues are adjudicated, particularly when the amendment is necessary for determining the real question in controversy. The Court found that the plaintiffs had a bona fide reason for the oversight in not including the challenge earlier, thus the amendment was permitted.