2019(5) SCC 360
Vijay Hathising Shah and anr. Vs. Gitaben Parshottamdas Mukhi and ors.
Date of Judgment : 25.02.2019
Application filed by the 1st respondent for amendment of plaint in the partition suit rejected by the trial court – High court allowed it by impugned order – On appeal it is Held that, the trial court is right in rejecting application for the following reasons A) Firstly, because it was wholly belated; B) Secondly, it was filed when trial in suit was almost over and case was fixed for final arguments; and C) Thirdly, suit could still be decided even without there being any necessity to seek any amendment in plaint and the proposed amendment was not really required for determination of issue involved in the suit. For these reasons, impugned order legally unsustainable and set aside and order of trial court restored – Trial court directed to decide civil suit within one month strictly in accordance with law – Appeal allowed.