Bikram Singh vs Ram Baboo - 1981 Supreme(SC) 40

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1981 Supreme(SC) 40

SUPREME COURT OF INDIA
D.A. DESAI AND A.P. SEN, JJ.
Bikram Singh and others, Appellants
Versus
Ram Baboo and others, Respondents.
Civil Appeal No. 264 of 1981, D/-20-1-1980.

Headnote:
Civil Appeal - Refusing amendment of plaint – Held, Trial Court and the Revisional Court were in error in refusing amendment of the plaint - Application for amendment is accordingly granted and the trial be proceeded further in accordance with law. It will be open to the defendants to submit written statement to amend plaint - Appeal allowed.

Judgment

DESAI, J. :- In our opinion, this is a case in which the trial Court and the Revisional Court were in error in refusing amendment of the plaint. This was a consequential amendment which ought to have been allowed. Accordingly this appeal is allowed. Application for amendment is accordingly granted and the trial be proceeded further in accordance with law. It will be open to the defendants to submit written statement to amend plaint.

2. In the circumstances, there will be no order as to costs.

Appeal allowed.

For Citation : AIR 1981 SC 2036

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