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SUPREME COURT OF INDIA
J.B. PARDIWALA, R. MAHADEVAN, JJ
JAGDISHKUMAR HARCHANDANI (DEAD THR. LRS.) & ORS. – Appellant
Versus
ZAFAR AHMED & ORS. – Respondent
| Table of Content |
|---|
| 1. the case centers around an appeal regarding the amendment of a plaint in a partition suit. (Para 1 , 2) |
| 2. the plaintiffs sought to declare certain sale deeds as invalid through amendments. (Para 3 , 4) |
| 3. the high court affirmed the trial court's decision on allowing amendments despite objections. (Para 6 , 11 , 12) |
| 4. the trial court retains discretion to address the issue of limitation related to the amendment. (Para 13 , 16) |
| 5. the final decision reaffirms the procedural rights of defendants regarding limitation. (Para 19 , 20) |
O R D E R
18:39:22 IST Reason:
2. The petitioners before us are the original defendants and the respondents are the original plaintiffs. However, it is the petitioner No.5 (original defendant No.6) who is contesting this litigation.
(13) That the plaintiff relies on the documents filed as per the list and craves leaves to file more documents at the appropriate stage.
(2) Be further pleased to pass a decree of partition and separate possession among the legal heirs of deceased Reyaz Ahmad S/o Abdul Ghani and be pleased to allot 42/1200% share to the plaintiff in the share of his father Reyaz Ahmao S/o Abdul Ghani (3) Be further pleased to pass a
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