VidhiSangh

Supreme Court of India · 25/01/2018

N. C. BANSAL versus UTTAR PRADESH FINANCIAL CORPORATION & ANR.

[2018] 1 S.C.R. 353 · 2018 INSC 62

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Summary

The Supreme Court permitted amendment of a plaint and filing of additional documents after restoration of a suit that had earlier been dismissed at the threshold. Trial had not begun, the amendment did not change the suit’s nature, and the intervening appellate proceedings explained the timing. The merits and proof of the new pleadings and documents remained open. Rejection of a separate request to compel production of originals was maintained because it was not argued. Costs and reciprocal defence opportunities accompanied the relief.

Issues

  1. Whether amendment and additional documents should be allowed before trial following an appellate remand.

Held

Result

Appeal allowed to the stated extent: amendment and additional documents permitted with Rs. 10,000 costs and reciprocal defence opportunities. Rejection of the unargued production application maintained; merits and evidentiary proof left open.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 353.