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Khushbir Singh v. Gurdeep Singh & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8315 of 2015)Decided 5 Oct 2015
Civil Appeal No. 8315 of 2015
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

The appellant was a party to a civil suit, and he applied to amend the pleadings so that a party's name would be changed from the father's name to the grandfather's name. The High Court's judgment, under challenge, went against him on this point. The judgment does not describe the underlying dispute in further detail.

Decision Breakdown

The Supreme Court allowed the amendment application and set aside the impugned High Court judgment to that extent. It directed that the parties could lead evidence on the amended suit, so the factual dispute would be decided at trial. The appeal was disposed of as allowed to that extent, with no order as to costs.

Lesson Learnt

Courts generally permit amendments that correct how a party is identified in a suit, leaving the actual contest to be settled by evidence at trial. A party who wants to correct a pleading should apply for amendment in the proper court and in good time.

Official source (sci.gov.in)View Judgment (PDF)

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