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2016 Supreme(SC) 1441

SUPREME COURT OF INDIA
Dipak Misra, Shiva Kirti Singh, JJ.
Union of India - Petitioner
Versus
Sh. Harish Chandra Singh Rawat And Anr. - Respondents
Petition for Special Leave to Appeal (C) No. 11567 of 2016 With S.L.P.(C)...CC 7915/2016, S.L.P.(C)...CC 7916/2016
Decided On : 27-04-2016

Advocates Appeared:
For the Petitioners:Mukul Rohatgi, A.G., Tushar Mehta, ASG, Maninder Singh, ASG, Dinesh Dwivedi, C.A. Sundaram, Sr. Advs., Col. R. Balasubramanian, Nalin Kohli, Rajat Nain, Rohan Jaitley, Ms. Diksha Rai, Ms. Devanshi Singh, Prabhas Bajaj, Akshay Amritanshu, Manan Popli, Mrs. Anil Katiyar, Sameer Rohatgi, Samit Khosla, M. Thangathnai, Mahesh Agarwal, Rishi Agrawala, Abhinav Agrawal, Ms. Sadapurna Mukherjee, E.C. Agrawala, Raghav Dwivedi, Prateek Dwivedi, Ashok K. Mahajan, Advocates.
For the Respondents:Dr. Abhishek Manu Singhvi, Dr. Kapil Sibbal, Sr. Advs., K.C. Kaushik, Amit Bhandari, Rahul Kaushik, Ms. Padmalaxmi Iyengar, Rajesh Inamdar, Mukesh K. Giri, Advocates.

The court has the discretion to allow amendments to pleadings and can clarify the scope of permissible documents to be filed in support of contentions.

Headnote:

Amendment - Special Leave Petition - The court allowed the learned Attorney General to amend the special leave petition by filing an application for amendment, with a deadline for filing and serving copies on the counsel for the parties. The court clarified the scope of documents that could be filed in support of contentions.

Fact of the Case:

The learned Attorney General sought to amend the special leave petition filed before the High Court.

Finding of the Court:

The court allowed the amendment and set deadlines for filing and serving copies, while also clarifying the scope of permissible documents to be filed.

Issues: Amendment of special leave petition, filing of documents, and scope of permissible documents before the court.

Ratio Decidendi: The court has the discretion to allow amendments to pleadings, and it clarified the scope of documents that could be filed in support of contentions.

Final Decision: The court allowed the amendment of the special leave petition and set deadlines for filing and serving copies, while also clarifying the scope of permissible documents to be filed.

ORDER :

Mr. Mukul Rohatgi, learned Attorney General, submits that as the judgment passed by the High Court has been filed, he will amend the special leave petition by filing an application for amendment by 29th April, 2016. A copy of the special leave petition incorporating the amendments, after serving copies on the learned counsel for the parties, shall be filed on that date. Reply, if any, be filed by 2nd May, 2016. Needless to say, the parties are at liberty to file documents in support of their contentions. We may hasten to clarify that the documents mean the documents that were filed before the High Court and nothing else, unless specifically permitted by this Court.

2. Let the matter be listed on 3rd May, 2016. As agreed to by the learned counsel for the parties, it shall be taken up at 2.00 p.m.

3. The interim order passed on the earlier occasion to remain in force till the next date of hearing.

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