PREM BAKSHI AND ORS. versus DHARAM DEV AND ORS.

PREM BAKSHI AND ORS. versus DHARAM DEV AND ORS.

High Court should not interfere with amendment of pleadings allowed by trial court unless the order finally disposes of the suit or causes failure of justice; in this case, neither condition was met, so interference was unwarranted.

Parties
Appellant: Prem Bakshi; Appellant: Prem Bakshi and Others; Respondent: Dharam Dev; Respondent: Dharam Dev and Others
Jurisdiction
India
Judgment Date
09 January 2002
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Order
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Revisionary Jurisdiction, Interlocutory Orders
Civil Procedure Amendment of Pleadings Revisionary Jurisdiction Interlocutory Orders

Case Brief

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Parties

Prem Bakshi

Appellant

Prem Bakshi and Others

Appellant

Dharam Dev

Respondent

Dharam Dev and Others

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Order

Legal Issues

  1. 1 Whether the High Court was justified in interfering with the trial court's order allowing amendment of plaint under Order 6 Rule 17 CPC by exercising revisionary jurisdiction under Section 115 CPC.

Ratio Decidendi

High Court should not interfere with amendment of pleadings allowed by trial court unless the order finally disposes of the suit or causes failure of justice; in this case, neither condition was met, so interference was unwarranted.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order set aside
  • Order of trial court allowing amendment of plaint restored