VIDYABAI & ORS. versus PADMALATHA & ANR.

VIDYABAI & ORS. versus PADMALATHA & ANR.

Amendment of pleadings under Order VI Rule 17 CPC after commencement of trial is impermissible unless due diligence is demonstrated; filing affidavits by way of evidence constitutes commencement of trial.

Parties
Appellants: Vidyabai & Ors.; Respondents: Padmalatha & Anr.
Jurisdiction
India
Judgment Date
12 December 2008
Procedural Posture
Civil Appeal / Final Determination on Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Commencement of Trial, Order VI Rule 17 CPC, Specific Performance
Civil Procedure Amendment of Pleadings Commencement of Trial Order VI Rule 17 CPC Specific Performance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Vidyabai & Ors.

Appellants

Padmalatha & Anr.

Respondents

Procedural Posture

Civil Appeal / Final Determination on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether pleadings can be amended after the hearing of the case begins under Order VI Rule 17 CPC
  2. 2 Whether the filing of affidavits by way of evidence amounts to commencement of trial

Ratio Decidendi

Amendment of pleadings under Order VI Rule 17 CPC after commencement of trial is impermissible unless due diligence is demonstrated; filing affidavits by way of evidence constitutes commencement of trial.

Court Disposition

Appeal allowed

Orders

  • High Court judgment set aside
  • No order as to costs