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Supreme Court of India 2019-02-25 allowed

Vijay Hathising Shah & Anr vs Gitaben Parshottamdas Mukhi & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

The case involved a partition suit where the plaintiff sought to amend her plaint at a very late stage, when the trial was nearly complete and final arguments were scheduled. The Trial Court rejected the amendment application, but the High Court set it aside and allowed the amendment. The Supreme Court reversed the High Court's decision, holding that a belated amendment is not justified when the suit can be decided without it and the amendment is not necessary to determine the issues. The Court restored the Trial Court's order and directed the trial to proceed to conclusion within one month.

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Civil Procedure Amendment of Plaint Partition Special Civil Application

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