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2001 Supreme(SC) 750
2001(5) Supreme 640
SUPREME COURT OF INDIA
V.N. Khare & N. Santosh Hegde, JJ.
Kanraj C. Shah -Appellant
versus
R. Thankaraj & Anr. -Respondents
Civil Appeal No. 2995 of 2001.
(Arising out of SLP (C) No. 11114 of 2000)
Decided on 23-4-2001
Headnote:Civil Procedure Code, 1908-Order 6 Rule 17-Suit for declaration and injunction-Defendant permitted to amend written statement-In view of said amendment, plaintiff moved application to amend plaint to take a plea that unregistered sale deed was invalid-Application rejected by trial Court-High Court dismissed revision but permitted plaintiff to lead evidence on question of invalidity of unregistered sale deed-Court was not justified in refusing to permit plaintiff to amend plaint-Impugned order was liable to be set aside. (Paras 2 & 3)
ORDER
Leave granted.
Heard counsel for the parties.
2. The appellant herein filed a suit for declaration and injunction. Subsequently, the defendant-respondents moved an application for amendment of written statement filed by them. The said amendment application was allowed. In view of the said amendment, the plaintiff-appellant also moved an application for amendment of the plaint by incorporating therein that the unregistered sale deed is invalid. The said application was rejected by the trial Court. A revision against the said order filed before the High Court was dismissed. However, the High Court permitted the plaintiff-appellant to lead evidence on the question of invalidity of the unregistered sale deed.
3. After we heard the matter, we find that, in view of the facts and circumstances of the case, the court was not justified in refusing to permit the plaintiff-appellant to amend the plaint. We, therefore, set aside the order under challenge and permit the plaintiff-appellant to amend the plaint. Accordingly, the application for amendment is allowed. However, it would be open to the defendant-respondents to raise any contention borne out from the written statement before the trial Court.
The appeal is allowed. No cost.
Appeal allowed.
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Parallel Citations of other Journals :
Kanraj C. Shah v. R. Thankaraj & Anr., 2001(5) Supreme 640 : 2001 (3) CCC 150
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