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Supreme Court of India 2019-09-23 allowed

Kamlesh Gupta vs Mangat Rai and Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Kamlesh Gupta appealed against the trial court's rejection of an application to amend the plaint and implead an additional party. The lower court had dismissed the application on the ground that the relevant facts were already known to the plaintiff when the suit was originally filed. The Supreme Court held that mere prior knowledge is insufficient to reject such applications; the court must exercise discretionary judgment on merit considering all circumstances, including the stage of proceedings. The appeal was allowed, permitting the amendment and impleadment, subject to the appellant depositing costs within eight weeks."

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Civil Procedure Pleadings and Amendment Impleadment of Parties Revision

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