Supreme Court of India · 2024-12-02
Jayanandan vs Suresh Kumar
- Citation / case number
- 2024 INSC 956
- Court
- Supreme Court of India
- Petitioner
- Jayanandan
- Respondent
- Suresh Kumar
Judgment text excerpt
The Supreme Court upheld the decision of the First Appellate Court which allowed the defendants' amendment application under Order VI Rule 17 of the Code of Civil Procedure, 1908, permitting them to incorporate a claim of prescriptive right of easement over the pathway reported by the Advocate Commissioner. The Court emphasized that the amendment was necessary for the complete adjudication of the matter, as it related to the defendants' rights concerning the suit property. The outcome affirmed the lower court's ruling while ensuring that all relevant claims were considered.