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Supreme Court of India 2019-02-14 dismissed

M. Revanna vs Anjanamma (Dead) by Lrs. & Ors

Bench: 2 — Mohan M. Shantanagoudar

In Brief

Plaintiffs filed a partition suit in 1993 and initially settled with some defendants citing a 1972 partition memorandum. The settlement was set aside, and after 15 years of evidence, they sought to amend their pleadings to claim the partition had already occurred. The Supreme Court held that such late amendment—after extensive trial proceedings and close to final hearing—was belated and not bona fide. It would fundamentally alter the suit's character and prejudice the other plaintiffs seeking actual partition. The Court dismissed the appeal, confirming the High Court's rejection of the amendment application.

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Civil Procedure Pleadings & Amendment Joint Family Property Partition

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