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)

By aor.sanjivnarang@gmail.com

Sanjiv Narang Adv. is an Advocate on Record in the Supreme Court of India. His qualifications include an LLB from University of Delhi and a Masters degree in Personnel Management from Panjab University,Chandigarh.In his more than 3 decades of experience, he has practiced law at the District, High Court and Supreme Court levels.He also has more than a decade of experience in the field of Management. He is the author of two books namely Laws for Women in India and Innovation, Why What and How.