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M. PIRAVI PERUMAL (Advocate & Consumer Rights)     03 November 2009

SC: Amendment plea in civil cases should not be entertained


The Supreme Court has held that amendment application in civil cases should not be entertained, if such pleas are filed with an ulterior motive to delay the proceedings.



A bench headed by Justice Dalveer Bhandari in its judgement noted, ‘in our considered view Order 6, Rule 17 is one of the important provisions of the CPC but we have no hesitation in observing that this is one of the most misused provisions of the code for dragging the proceedings indefinitely, particularly in Indian courts which are otherwise overburdened with pending cases.



‘All Civil courts have a long list of cases, therefore, compelled to grant long dates, which causes delay in disposal of the cases.’ The apex court, while dismissing the appeal of Revajeetu Builders and Developers against the Karnataka High Court judgement dated September 16, 2006, also imposed a cost of Rs 1 lakh for filing an amendment application to overreach the orders of the Supreme Court.



The appellant had filed a suit for recovery of Rs 52,97,111 with an interest of 18 per cent per annum.



The sale deed, dated September 30, 1987 executed by Narainaswamy and Sons, was held to be invalid and inoperative by the Supreme Court on a PIL filed by one S Vasudeva.



The appellants, who had earlier admitted respondents as owners of the land, later filed an application for amendment seeking to declare the respondents as trespassers.



 12 Replies

Anish goyal (Advocate)     03 November 2009

Thanks 4 sharing judgement

(Guest)

Yes.Good decision by SC.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 November 2009

This judgment shall deninitely stop the unnecessary delay tectics adopted by some litigants.

Hemant Narayan Gokhale (Advocate)     04 November 2009

THanks for sharing , Kindly give exact year page of scc or scw

ASHUTOSH (lawyer)     04 November 2009

hi thnks for judgement

this judgement is not good because it will give efect on the genune case because mostely lower court judges are not brave they never take the boald dession ultimaletly we have to go tho high court this type of judgement give burdun to high court secondely media is spread remure that court has pendency of cases i want to ask every one do u not agree with me justices needs time we lawyer also faces problems like in delhi only delhi her 9 districts courts lawyers are runing her to there in 9 disst ccant go a same time annd if we seek date according our diary mostely judges are says now court will go acording ur diary

ashutos(adv)


(Guest)

thx sir for judgement

prashant kumar pandey (lawyer)     04 November 2009

] Yes.Good decision by SC.for disposal cases

A. Patrawala Advocate (Advocate)     09 November 2009

     IN THE SUPREME COURT OF INDIA

                 CIVIL APPELLATE JURISDICTION

                CIVIL APPEAL NO.6921 OF 2009.

           (Arising out of SLP (c) No.1552 OF 2007)

 Revajeetu Builders & Developers ..... Appellant  Versus

Narayanaswamy & Sons & Others ..... Respondents     J U D G M E N T

  Dalveer Bhandari, J.

1. Leave granted.

A. Patrawala Advocate (Advocate)     09 November 2009

Full text of the said Judgement:


Attached File : 48 48 petition amendment.pdf downloaded: 197 times
1 Like

Hemant Narayan Gokhale (Advocate)     11 November 2009

Thanks for giving Judgement

Hemant Narayan Gokhale (Advocate)     11 November 2009

thanksss

A. Patrawala Advocate (Advocate)     13 November 2009

My pleasure...

1 Like

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