It is no doubt correct that the rules of procedure are hand-maids of justice and ordinarily the provisions of Order 21 Rule 17 are to be interpreted liberally and an amendment to the execution application should be permitted. It is further no disputed that an amendment when permitted dates back to the original filing of the application. The facts of the present case, however, do not warrant the liberal approach indicated by us
Supreme Court of India
Smt. Jiwani vs Rajmata Basantika Devi And Others on 20 July, 1993
Equivalent citations: AIR 1994 SC 1286, 51 (1993) DLT 257 SC, JT 1993 (4) SC 284
Bench: K Singh, P Sawant
