SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Bom) 1640

M.S.SONAK
Vitthal Mhaskuy Mandhre – Appellant
Versus
Mugutrao Vishnu Sanas (since deceased through legal heirs) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Jaydeep Deo
For the Respondent: Ms. Sneha Bhange I/b. Mr. Chaitanya Nikte

JUDGMENT :

Heard Mr. Jaydeep Deo, learned counsel for the Petitioner and Ms. Sneha Bhange, learned counsel for the Respondents.

2. The challenge in this Petition is to order dated 24th March, 2017 by which the learned trial Judge has rejected the Petitioner's application for amendment of the Plaint. Mr. Deo submits that the amendment was only in respect of the description of the suit premises. He submits that the amendment was necessary as matter of abundant caution so that in future there should arise no difficulties in so far as the identification of the suit properties is concerned. He submits that the amendment of this nature ought to have been allowed considering the law laid down by the Apex Court in the case of Sajjan Kumar vs. Ram Kishan (2005) 13 Supreme Court Cases 89. Therefore he submits that the impugned order warrants interference.

3. Ms. Bhange, learned counsel for Respondents point out that the application for amendment was made almost six and half years after the institution of the suit. No steps are taken to amend the Plaint, even though the issue as regards incorrect description of the premises was substantially raised by the Respondents in written statement. She su











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top