The judgment from the Supreme Court of India in the case “BASAVARAJ versus INDIRA AND OTHERS” (Civil Appeal No. 2886 of 2012, dated 29 February 2024) revolves around a dispute concerning ancestral property. The plaintiffs, respondents No. 1 and 2, sought to amend their plaint to include a declaration that an earlier compromise decree was null and void. The Trial Court dismissed this amendment, but the High Court allowed it, subject to costs.
The Supreme Court, however, set aside the High Court’s order, concluding that the amendment fundamentally changed the nature of the suit and was impermissibly delayed, thus causing prejudice to the appellant. The appeal was allowed, and the application for amendment was dismissed. The judgment emphasizes the principles of due diligence and the limitations on amendments to pleadings during a trial.
BASAVARAJ versus INDIRA AND OTHERS” (Civil Appeal No. 2886 of 2012, dated 29 February 2024)