Showing posts with label rules of procedure. Show all posts
Showing posts with label rules of procedure. Show all posts

Sunday, 12 November 2017

Whether court can allow amendment of pleading even if there inadvertence or infraction of rules of procedure?

It is well settled that rules of procedure are intended to be a handmaid to the administration of justice. A party cannot be refused just relief merely because of some mistake, negligence, inadvertence or even infraction of rules of procedure. The Court always gives relief to amend the pleading of the party, unless it is satisfied that the party applying was acting malafide or that by his blunder he had caused injury to his opponent which cannot be compensated for by an order of cost.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 2366 of 2010

Decided On: 14.05.2015

 Mahila Ramkali Devi and Ors. Vs.  Nandram and Ors.

Hon'ble Judges/Coram:
M. Yusuf Eqbal and Amitava Roy, JJ.

Citation: 2015(4) ALLMR 426 SC
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