Akbar Ali @ Babbu v. Rashida Bano and Ors.
Case brief
What is this about?
The High Court of Chhattisgarh, exercising jurisdiction under Article 227 of the Constitution, quashed the impugned order dated 10.02.2015 passed by the trial court rejecting a prayer for consequential amendment. The High Court held the trial court failed to consider the proviso to Order 6 Rule 17 CPC. The amendment was allowed, and the trial court was directed to incorporate it.
What did the court decide?
The impugned order dated 10.02.2015 is quashed; the prayer for consequential amendment is allowed; the Court below is directed to order the incorporation of the amendment.