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Supreme Court of India 2018-04-27 allowed

Gurbakhsh Singh and others vs Buta Singh and another

Bench: 2 — Uday Umesh Lalit

In Brief

In this civil appeal, the Court examined whether an application to amend pleadings filed after trial commencement should be allowed. The appellants sought to add specific land particulars to their plaint in a suit for declaration, without changing the suit's nature. The High Court had rejected the amendment application. The Supreme Court held that the power to allow amendments is wide and can be exercised at any stage in the interest of justice. Since the amendment did not change the suit's character, the original court records were untraceable (creating genuine inability to obtain details earlier), and no prejudice would result to the defendants, the Court allowed the amendment and remitted the matter to the trial court to proceed accordingly.

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Civil Procedure Amendment of Pleadings Land Law Suits for Declaration

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