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Supreme Court of India 2019-02-25 allowed

VIJAY HATHISING SHAH vs GITABEN PARSHOTTAMDAS MUKHI

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

In this appeal, the Supreme Court examined whether a High Court was correct to allow an application by a plaintiff to amend her plaint in a partition suit. The trial was nearly complete and the case was set for final arguments when the amendment was sought. The Court held that the Trial Court was correct to reject the application. The amendment was belated, unnecessary for deciding the legal issues, and the suit could proceed without it. The Court allowed the appeal, set aside the High Court's order, and restored the Trial Court's rejection of the amendment application. The Trial Court was directed to decide the suit within one month."

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Civil Procedure Amendment of Pleadings Partition

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