Supreme Court of India · 2019-02-25
Vijay Hathising Shah vs Gitaben Parshottamdas Mukhi .
- Citation / case number
- AIR 2019 SUPREME COURT 1119
- Court
- Supreme Court of India
- Petitioner
- Vijay Hathising Shah
- Respondent
- Gitaben Parshottamdas Mukhi .
- Author
- Abhay Manohar Sapre
- Bench
- Dinesh Maheshwari, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court held that the High Court erred in allowing the amendment of the plaint under the Civil Procedure Code, as the application was belated and filed when the trial was nearly concluded. The Court emphasized that the amendment was unnecessary for resolving the issues at hand, thus restoring the Trial Court's order dated 23.02.2007 which had rejected the amendment application. The appeal was allowed, and the Trial Court was directed to expedite the decision of the civil suit within one month.