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2006 Supreme(SC) 698

A.R.LAKSHMANAN, TARUN CHATTERJEE
Baldev Singh – Appellant
Versus
Manohar Singh – Respondent


Judgement Key Points

Based on the provided legal document, the source of income not being disputed in pleadings suggests that the parties have not challenged or contested the specific details regarding the income of the individuals involved in the case. This indicates that the pleadings do not contain any conflicting or contradictory assertions about the source of income, which can streamline the proceedings by reducing issues related to income verification or credibility of income claims.

In the context of amendments to pleadings, the courts have emphasized that amendments should be granted liberally unless they cause serious injustice or irreparable loss to the other side (!) (!) . If the source of income is not disputed, this can support a party’s argument for allowing amendments that clarify or elaborate on financial details, as the absence of dispute reduces the likelihood of prejudice or prejudice-related objections (!) (!) .

Furthermore, amendments that introduce or modify defenses related to income, such as challenging the capacity to pay or establishing joint ownership based on income, are more likely to be permitted if the source of income remains uncontested in the pleadings, as this aligns with the courts' approach of favoring the determination of the real issues in controversy (!) (!) .

In summary, the fact that the source of income is not disputed in the pleadings generally favors the liberal allowance of amendments concerning income-related matters, provided that such amendments are necessary for the proper adjudication of the case and do not cause serious injustice to the opposing party.


JUDGMENT

Tarun Chatterjee, J. — Leave granted.

2. An order rejecting an application for amendment of a written statement passed by the Additional Civil Judge (Senior Division), Nawanshahar, Punjab and Haryana and affirmed by a learned Judge of the Punjab and Haryana High Court, is now under challenge before this Court by way of a Special Leave Petition under Article 136 of the Constitution of India filed at the instance of the defendants/ appellants excepting the Respondent No.2 herein.

3. A suit has been filed by the plaintiff/respondent No.1 (Manohar Singh) for a declaration that he is the owner and in possession of 40 Kanals and 15 Merlas comprised in Kh. No. 16(8-0), 17(8-0),19(8-0),20/1(7-4), 25/1(1-11) of rect No.19 of Khewat No.212 Khatauni No. 263 as fully described to the schedule of the plaint. (hereinafter referred to as "the suit property").

4. The case set up by the plaintiff/respondent No.1 was that the sale deeds executed on 24.6.1968 and 25.6.1968 in the names of his parents were benami transactions and the plaintiff/respondent No.1 was the real owner of the same as his parents had no money to pay the consideration money of the suit property and that the sale deeds w


















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