Whether court can allow amendment of pleading for adding better particulars and additional documents?

Therefore, taking overall view of the matter, in my considered view, in the present case also, the application at Exhibit-70 filed by the plaintiff was only to add better particulars, and such better particulars in the plaint are to be added since due to mistake of the Advocate engaged by the plaintiff, said better particulars were not included though the application of the plaintiff for amendment of the plaint at Exhibit-66 came to be allowed by the trial Court. Therefore, application Exhibit-70 filed by the plaintiff deserves to be allowed.

IN THE HIGH COURT OF BOMBAY

Chamber Summons No. 1791 of 2011 in Suit No. 119 of 2001

Decided On: 22.01.2014

M/s. R.K. Patel Engineers and Contractors Pvt. Ltd.

Vs.

 City and Industrial Development Corporation of Maharashtra Ltd. 

Hon'ble Judges/Coram:

K.R. Shriram, J.

Citation: 2014(4) ALLMR 783.

Print Page

Whether better particulars furnished by plaintiff will become part of plaint?

 In the context of the substantial questions of law which
have been framed, it would be relevant to note that the plaintiff  vide
his reply to the application dated 04.01.1979 of the defendants for
better particulars, in paragraph no.2 of the said reply, relies upon the
Gift­deed and has mentioned specifically that by the said gift­deed the
grand  mother   of  the   plaintiff  had  gifted the   said  property  to the
plaintiff's mother and since the plaintiff was the only surviving heir of
his mother, the plaintiff' had acquired the title to the said property.
13. It is well settled that when better particulars which are
sought for by the other side, have been   furnished by the plaintiff,
they   have   the   effect   of   becoming   part   of   the   plaint   and   it   was
therefore, incumbent upon the defendants to deal with the said giftdeed.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
SECOND APPEAL No. 444 OF 1994.
 Datta s/o Dau Shrawale,

VERSUS
Namdeo Jalbaji Diwekar

­­­­­­­­­­­­­­­
CORAM : R.M.SAVANT, J.
DATED   : 10.01.2011
Citation: 2011(2) ALLMR609,2011(3) MHLJ162

Print Page