MOHINDER KUMAR MEHRA versus ROOP RANI MEHRA & ORS.

MOHINDER KUMAR MEHRA versus ROOP RANI MEHRA & ORS.

Since evidence by parties was led after the filing of the amendment application, no real prejudice was caused and the bar under Order VI Rule 17 CPC's proviso does not prevent consideration of the amendment; final determination on limitation can only be made after evidence is considered.

Parties
Appellant: Mohinder Kumar Mehra; Respondent No.1: Roop Rani Mehra; Respondents: Respondent No.2, No.3, No.4, No.5 (family members)
Jurisdiction
India
Judgment Date
11 December 2017
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Writ Petition Under Article 227 Regarding Rejection of Amendment Application
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Partition of Property, Limitation, Bar on Amendment After Commencement of Trial
Civil Procedure Property Law Amendment of Pleadings Partition of Property Limitation Bar on Amendment After Commencement of Trial

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Parties

Mohinder Kumar Mehra

Appellant

Roop Rani Mehra

Respondent No.1

Respondent No.2, No.3, No.4, No.5 (family members)

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Writ Petition Under Article 227 Regarding Rejection of Amendment Application

Legal Issues

  1. 1 Whether amendment of pleadings under Order VI Rule 17 CPC can be allowed after commencement of trial
  2. 2 Whether limitation bars the amendment application seeking share in the sale proceeds of joint family property

Ratio Decidendi

Since evidence by parties was led after the filing of the amendment application, no real prejudice was caused and the bar under Order VI Rule 17 CPC's proviso does not prevent consideration of the amendment; final determination on limitation can only be made after evidence is considered.

Court Disposition

Appeal allowed

Orders

  • Order of High Court and Additional District Judge rejecting amendment application set aside
  • Amendment application I.A. No. 1001 of 2011 allowed