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Supreme Court of India 2019-02-14 dismissed

M.REVANNA vs ANJANAMMA (DEAD) BY LRS

Bench: 3 — N.V. Ramana, Mohan M. Shantanagoudar, Indira Banerjee

In Brief

In this civil appeal, the Supreme Court considered whether a trial court properly allowed an application to amend a partition suit plaint in September 2008, after evidence had been recorded and the matter was posted for final hearing. The plaintiffs sought to add a plea that the family properties had already been partitioned in 1972, effectively contradicting their original case. The Court held that the amendment was belated and not bona fide, and would fundamentally change the nature of the suit. The Court confirmed the High Court's decision quashing the trial court's order allowing the amendment, holding that such prejudicial amendments after trial commencement cannot be permitted without satisfying stringent conditions.

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Civil Procedure Pleadings Amendment of Plaint Partition Suit

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