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april 2013

Supreme Court of India · 2013-04-18

MASHYAK GRIH.SAHAKARI SAN.MARYADIT vs UMAN HABIB DHUKA .

Citation / case number
SC 2012/7801
Court
Supreme Court of India
Petitioner
MASHYAK GRIH.SAHAKARI SAN.MARYADIT
Respondent
UMAN HABIB DHUKA .
Author
M.Y.EQBAL
Bench
P. SATHASIVAM,M.Y. EQBAL,A.K SIKRI

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 to the legality of a Conveyance Deed dated 8th February, 1989. The Court emphasized that amendments should be allowed to ensure that all relevant issues are adjudicated, particularly when the amendment is sought to correct a bona fide mistake. The Court held that the plaintiffs were entitled to seek the amendment despite previous dismissals, thereby allowing them to present their full case.

MASHYAK GRIH.SAHAKARI SAN.MARYADIT vs UMAN HABIB DHUKA . · Niyam