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Supreme Court of India 2018-01-25 allowed

N.C. Bansal vs Uttar Pradesh Financial Corporation & Anr

Bench: 2 — Abhay Manohar Sapre

In Brief

N.C. Bansal filed a suit seeking declaration and permanent injunction regarding a property that was initially dismissed as not maintainable. After the appellate court remanded it for trial, Bansal sought to amend the plaint and file additional documents through two separate applications. The Trial Court and High Court dismissed these applications. The Supreme Court allowed the appeal, holding that courts should liberally permit amendments and filing of documents when a suit is at its initial stage, the amendment does not change the nature of the suit, and applications are not unduly delayed. The Court allowed both applications subject to payment of costs and directed the Trial Court to proceed with the suit on merits."

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Civil Procedure Pleadings and Amendments Maintainability Amendment of Plaint

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