Supreme Court of India · 2019-09-23
Kamlesh Gupta vs Mangat Rai
- Citation / case number
- AIRONLINE 2019 SC 1142
- Court
- Supreme Court of India
- Petitioner
- Kamlesh Gupta
- Respondent
- Mangat Rai
- Author
- Mohan M. Shantanagoudar
- Bench
- Indira Banerjee, Mohan M. Shantanagoudar
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the appellant's application for amendment of the plaint and impleadment of Pawan Kumar under Order I Rule 10 and Order VI Rule 17 of the CPC, 1908. The Court emphasized that the High Court failed to assess the merits of the impleadment request and did not consider the implications of Pawan Kumar's possession of the suit shop. The Court allowed the appeal, thereby permitting the amendment and impleadment sought by the appellant.