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Civil procedure

MAHILA RAMKALI DEVI AND OTHERS versus NANDRAM (D) THR. LRS. AND OTHERS

The High Court erred in rejecting the application for amendment as the amendment did not necessarily change the nature of suit and ought to be considered, especially since procedural rules are meant to serve justice. The matter is remitted back to the High Court for fresh consideration of the substantial question regarding succession based on inheritance, considering the amended plaint.

Source excerpt

  • Pleading amendment
  • Inheritance
  • Succession of agricultural land
  • Limitation
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Civil procedure

SHRI LAKHI RAM (DEAD) THROUGH LRS. versus SHRI TRIKHA RAM AND ORS.

Amending the plaint to include an averment of readiness and willingness as required by Section 16(c) of the Specific Relief Act does not alter the cause of action and is permissible under Order 6 Rule 17 of the Code of Civil Procedure. The first appellate court was correct in allowing the amendment, and the High Court erred in setting it aside.

Source excerpt

  • Specific performance
  • Pleading amendment
  • Readiness and willingness
  • Order 6 rule 17 cpc
  • Section 16(c) specific relief act
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Election law

GOKA RAMALINGAM versus BODDU ABRAHAM & ANR.

The petitioner's original plea was based on the respondent's own conversion to Christianity, which was not proven; an amendment to claim conversion of respondent's parents cannot be allowed as it changes the case and is belated. The party cannot narrow the issue after failing to prove the original allegation; appeal dismissed.

Source excerpt

  • Reserved seat eligibility
  • Scheduled caste status
  • Religion and caste
  • Pleading amendment
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.