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february 2024

Supreme Court of India · 2024-02-29

Basavaraj vs Indira

Citation / case number
2024 INSC 151
Court
Supreme Court of India
Petitioner
Basavaraj
Respondent
Indira
Author
Rajesh Bindal
Bench
Rajesh Bindal, C.T. Ravikumar

Judgment text excerpt

The Supreme Court upheld the High Court's decision allowing the amendment of the plaint under Order VI Rule 17 CPC, despite the appellant's objections regarding the timing and nature of the amendment. The Court clarified that the amendment sought was to add a prayer for declaring a prior compromise decree null and void, which was permissible as it did not cause prejudice to the defendants. The Court emphasized that amendments should be allowed to ensure that the real issues are tried and determined, thus affirming the High Court's order subject to costs.

Basavaraj vs Indira · Niyam