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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

The appellant sought to amend his plaint and file additional documents in a civil suit for declaration and permanent injunction concerning disputed property. The suit had initially been dismissed as not maintainable but was remanded for trial on merits. The trial court rejected both applications, and the High Court upheld this rejection. The Supreme Court allowed the appeal, holding that since the suit remained at an initial stage before trial commenced, and the amendment did not alter the suit's nature, both applications should be liberally granted. The court emphasized that the applications were not belated given the intervening dismissal and appeal, and remitted the case for trial on merits.

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