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

2003 Supreme(Del) 616

P.C.JAIN
MM. KUMRA – Appellant
Versus
JTTENDER MOHAN GUPTA – Respondent


Advocates Appeared:
Malay Chand, SUSHMA AMBARDOR

R. C. Jain, J.

( 1 ). The order of the learned Trial Court dated 25th November, 2002 is under challenge in this revision petition. By means of this order, the learned Trial court has disposed of an application under Order VI Rule 17 read with Section 151, cpc moved on behalf of the plaintiff-respondent for amendment of his plaint. The plaintiff wanted to alter his relief of permanent injunction to that of a mandatory injunction and add a relief for damages.

( 2 ). The application has been allowed. The impugned order is sought to be challenged primarily on the ground that the suit for permanent injunction had become infructuous as the petitioner-defendant had already erected the gates in question and, therefore, the very cause of action for the suit has come to an end. In the opinion of this Court, this is a wholly misconceived submission inasmuch as it is well established proposition that an amendment based on subsequent events can always be taken into account and allowed to be incorporated in the pleadings if the same are necessary for the just and proper adjudication of the controversy between the parties. In the case in hand, the subsequent event being that the gates against ere

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