Ganesh S/O Annadrao Gite v. Satyanarayan S/O Sarinarayan Bhut (Dead) Thr. Lrs. Kantabai Wd/O Satyanarayan Bhut and Others
Case brief
What is this about?
Post-trial amendment of plaint; proviso to Rule 17 of Order VI, Civil Procedure Code, 1908; amendment adding four boundaries for identification of suit property; amendment going to the root of the case; Dinesh Goyal alias Pappu Vs. Suman Agarwal (Bindal) [2024 SCC OnLine 2615]; Article 227 supervisory jurisdiction; no perversity in impugned Trial Court orders; opportunity to amend written statement and re-examine witnesses; suits for recovery of possession; High Court of Bombay, Nagpur Bench; Writ Petition Nos. 3246, 3244, 3240, 3231 of 2019; Anil L. Pansare, J.; decided January 23, 2025; writ petitions dismissed, no costs.
What did the court decide?
Courts will be slow in entertaining amendment applications post trial, but equally, the Trial Court can consider the plea of amendment where it goes to the root of the case, in terms of the law laid down by the Supreme Court in Dinesh Goyal alias Pappu Vs. Suman Agarwal (Bindal); accordingly, the amendments adding boundaries for identification could be considered.