Gujarat High Court
Case BriefsHigh Courts

“Where the additional evidence sought to be adduced removes the cloud of doubt over the case, the evidence has a direct & important bearing on the main issue in the suit and interest of justice clearly renders it imperative that the evidence must be permitted to be taken on record, then such an application may be allowed.”

Sikkim High Court
Case BriefsHigh Courts

The amendments were imperative for the proper and effective adjudication of the dispute; refusal to allow the amendment application would have caused injustice or resulted in multiple litigations; and the amendments did not constitutionally or fundamentally change the nature of the case.

dismiss execution petition
Case BriefsSupreme Court

“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”

Order IX Rule 9 CPC
Case BriefsSupreme Court

Supreme Court said that if the alternative plea introduced by plaintiff through an amendment is one which the defendant set up in his written statement, although inconsistent with the original plea, the Court is not precluded from allowing the amendment if it does not prejudice the defendant.