VidhiSangh

Supreme Court of India · 11/12/2017

MOHINDER KUMAR MEHRA versus ROOP RANI MEHRA & ORS.

[2017] 12 S.C.R. 231 · 2017 INSC 1212

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Summary

A partition plaintiff sought to add a claim to proceeds of another family property before evidence was actually led. Although trial had technically commenced, the later evidence addressed the proposed pleading and no prejudice justified rejecting amendment. The Court allowed it, leaving the claimed share and disputed limitation period for final adjudication.

Issues

  1. Whether the commencement-of-trial proviso barred the amendment on these facts.
  2. Whether disputed limitation justified rejecting the proposed share claim at the amendment stage.

Provisions considered

Held

Result

Appeal allowed; rejection orders set aside and amendment allowed. Parties to present this order within two weeks; trial court to consider additional issues and evidence, complete that exercise within three months, then decide the suit. Merits and limitation left open; parties bear own costs.

Judgment PDF: Supreme Court of India, [2017] 12 S.C.R. 231.