Case Note & Summary
The dispute arose from a partition suit filed by the appellant, Manguben Rajabhai Bambhania, against her brothers concerning their father's property. Initially, the appellant sought her share in her father's property, but later aimed to include the property of her deceased brother, Ratibhai Rajabhai. The application for amendment was rejected by both the Trial Court and the Gujarat High Court. The appellant contended that the partition had not yet occurred and that it was essential for the trial court to determine the shares in the deceased brother's property. The respondents argued that the appellant should have filed a more comprehensive application from the beginning. The Supreme Court found merit in the appellant's claim, stating that she was entitled to a share in her deceased brother's property. The court allowed the appeal, set aside the previous orders, and permitted the appellant to amend her plaint to include the property in question. The court directed the appellant to complete the amendment within four weeks and allowed the respondents to file their written statement thereafter, ensuring that all contentions regarding the nature and share in the added property would be available during the trial. The court also urged the concerned court to expedite the hearing of the long-pending suit filed in 2004.
Headnote
A) Civil Procedure - Amendment of Pleadings - Inclusion of Property in Partition Suit - Code of Civil Procedure, 1908, Order 6 Rule 17 - The appellant sought to amend her plaint to include her deceased brother's property in a partition suit. The court held that the appellant had a share in the deceased brother's property and allowed the amendment, emphasizing the need for all shares to be decided in the pending suit. Held that the amendment was necessary for a complete adjudication of the matter (Paras 5-6).
Issue of Consideration
Whether the appellant could amend the plaint to include the property of her deceased brother in the partition suit.
Final Decision
The Supreme Court allowed the appeal, set aside the orders of the Gujarat High Court and the Trial Court, and permitted the appellant to amend her plaint to include her deceased brother's property. The appellant was directed to complete the amendment within four weeks, and the respondents were allowed to file their written statement thereafter.
Law Points
- Amendment of plaint
- Partition suit
- Family property rights
