Case Note & Summary
The case involved civil appeals against a High Court order regarding the amendment of a written statement in a property dispute. The appellant, Sarmukh Singh, sought a mandatory injunction against the respondent, Baldev Singh, to demolish a structure on land claimed to be purchased from Har Kaur. The respondent accepted that Har Kaur was a family member who could transfer her share but later amended his written statement to dispute the plaintiff's title. The High Court dismissed the appellant's civil revision application against the amendment of the written statement. The appellant contended that the amendment was untenable and that the respondent could not substitute genealogical information that denied the plaintiff's title. The Supreme Court agreed that the amendment of the written statement could not be treated as an additional written statement and noted that amendments are generally granted more liberally. The court found that the original suit was filed in 2001, and the amendment rules came into force in 2002, thus the High Court's decision was upheld. The appeals were dismissed without costs, and the parties were directed to prove their respective cases before the trial judge.
Headnote
A) Civil Procedure - Amendment of Written Statement - Permissibility of Amendment - Code of Civil Procedure, 1908, Order VI Rule 17 - The court held that the application for amendment of the written statement could not be treated as an additional written statement and that amendments should be granted liberally. The court found no grounds for interference with the High Court's dismissal of the civil revision application, as the parties were required to prove their respective cases before the trial judge (Paras 2-3).
Issue of Consideration
Whether the amendment of the written statement by the respondent was permissible under the Code of Civil Procedure, 1908.
Final Decision
The Supreme Court dismissed the appeals, affirming the High Court's decision that the amendment of the written statement was permissible and that the parties must prove their respective cases before the trial judge.
Law Points
- Amendment of pleadings
- Civil Procedure Code
- 1908
- Order VI Rule 17
- Order VIII Rule 9
- Genealogy in property disputes
