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december 2017

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.

Raj Kumar Bhatia vs Subhash Chander Bhatia · Niyam