Supreme Court of India · 2017-12-15
Raj Kumar Bhatia vs Subhash Chander Bhatia
- Citation / case number
- AIR 2018 SUPREME COURT 100
- Court
- Supreme Court of India
- Petitioner
- Raj Kumar Bhatia
- Respondent
- Subhash Chander Bhatia
- Author
- D.Y. Chandrachud
- Bench
- D Y Chandrachud, A. M. Khanwilkar, Dipak Misra
Judgment text excerpt
The Delhi High Court set aside the Trial Court's order allowing the appellant's application for amendment of the written statement in a suit concerning possession of property. The court held that the proposed amendment introduced new facts that were not previously pleaded and could potentially change the nature of the case, thus violating the principles of fair trial under Order 6 Rule 17 of the Code of Civil Procedure. The court emphasized the need for consistency in pleadings and the importance of not allowing amendments that would cause prejudice to the other party.