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april 2018

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.

Gurbakhsh Singh vs Buta Singh · Niyam