N. C. BANSAL versus UTTAR PRADESH FINANCIAL CORPORATION & ANR.

N. C. BANSAL versus UTTAR PRADESH FINANCIAL CORPORATION & ANR.

Since the suit was at an initial stage and the proposed amendment did not change the nature of the suit, the applications for amendment and filing documents ought to have been allowed, subject to payment of costs.

Parties
Appellant/plaintiff: N. C. Bansal; Respondents/defendants: Uttar Pradesh Financial Corporation & Anr.
Jurisdiction
India
Judgment Date
25 January 2018
Procedural Posture
Civil Appeal / Appeal by Special Leave Against High Court Order Dismissing Writ Petition and Upholding Trial Court Order
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Filing Additional Documents, Production of Documents
Civil Procedure Amendment of Pleadings Filing Additional Documents Production of Documents

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Parties

N. C. Bansal

Appellant/plaintiff

Uttar Pradesh Financial Corporation & Anr.

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal by Special Leave Against High Court Order Dismissing Writ Petition and Upholding Trial Court Order

Legal Issues

  1. 1 Whether dismissal of applications for amendment of plaint, filing of additional documents, and production of original documents by plaintiff in pending suit by the two Courts below was justified

Ratio Decidendi

Since the suit was at an initial stage and the proposed amendment did not change the nature of the suit, the applications for amendment and filing documents ought to have been allowed, subject to payment of costs.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order and Trial Court order dated 21.09.2016 set aside to the extent indicated
  • Applications under Order 7 Rule 14 and Order 6 Rule 17 allowed