ABDUL REHMAN & ANR. versus MOHD. RULDU & ORS.

ABDUL REHMAN & ANR. versus MOHD. RULDU & ORS.

Application for amendment of plaint is allowed because the factual matrix was already present in the original plaint, amendment does not change the basic nature of the suit, is not barred by law, and does not prejudice respondents; amendments necessary for the purpose of determining the real question in controversy should be liberally allowed.

Parties
Appellant: Abdul Rehman; Appellant: Abdul Rehman (Second appellant); Respondent: Mohd. Ruldu; Respondent: Respondent No. 2; Respondent: Respondent No. 3; Respondent: Respondent No. 4
Jurisdiction
India
Judgment Date
27 September 2012
Procedural Posture
Civil Appeal / Appeal From High Court Dismissal of Amendment Application (final Supreme Court Judgment)
Outcome
Appeal allowed; application for amendment of plaint granted.
Legal Topics
Amendment of Pleadings, Declaration of Title, Permanent Injunction, Sale Deeds, Customary Inheritance Law
Civil Procedure Property Law Amendment of Pleadings Declaration of Title Permanent Injunction Sale Deeds Customary Inheritance Law

Case Brief

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Parties

Abdul Rehman

Appellant

Abdul Rehman (Second appellant)

Appellant

Mohd. Ruldu

Respondent

Respondent No. 2

Respondent

Respondent No. 3

Respondent

Respondent No. 4

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Dismissal of Amendment Application (final Supreme Court Judgment)

Legal Issues

  1. 1 Whether the application for amendment of the plaint to add a relief of declaration of title should be allowed.
  2. 2 Whether the proposed amendment changes the basic nature of the suit.
  3. 3 Whether the relief sought by amendment is barred by law or prejudices the respondents.

Ratio Decidendi

Application for amendment of plaint is allowed because the factual matrix was already present in the original plaint, amendment does not change the basic nature of the suit, is not barred by law, and does not prejudice respondents; amendments necessary for the purpose of determining the real question in controversy should be liberally allowed.

Court Disposition

Appeal allowed; application for amendment of plaint granted.

Orders

  • Order of trial court dated 06.06.2007 dismissing amendment application set aside.
  • Order of High Court in Civil Revision No. 4486 of 2007 dated 13.11.2007 set aside.