Supreme Court of India · 2018-04-27
Gurbakhsh Singh vs Buta Singh
- Citation / case number
- AIR 2018 SUPREME COURT 2635
- Court
- Supreme Court of India
- Petitioner
- Gurbakhsh Singh
- Respondent
- Buta Singh
- Author
- Uday Umesh Lalit
- Bench
- Uday Umesh Lalit, Arun Mishra
Judgment text excerpt
The Supreme Court held that the High Court's dismissal of the appellants' application for amendment of the plaint was justified under the Proviso to Order 6 Rule 17 of the Code of Civil Procedure, which restricts amendments after the commencement of trial unless specific conditions are met. The Court emphasized that the appellants failed to demonstrate due diligence in raising the issues prior to the trial and that the proposed amendments did not change the nature of the suit. Consequently, the appeal was dismissed, affirming the High Court's decision.