VidhiSangh

Supreme Court of India · 29/02/2024

BASAVARAJ versus INDIRA AND OTHERS

[2024] 2 S.C.R. 935 · 2024 INSC 151

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Summary

The plaintiffs could not amend their nearly concluded partition suit to seek a declaration setting aside a compromise decree. They had long known of the decree, pleaded only oversight rather than due diligence, sought the amendment after the three-year limitation period, and had not joined all parties to the compromise.

Issues

  1. Could the plaintiffs amend their partition plaint at the fag end of trial to seek a declaration that an earlier compromise decree was null and void?
  2. Did the application satisfy the due-diligence proviso to Order VI Rule 17, and was the proposed relief within limitation?

Provisions considered

Held

Result

Appeal allowed; the High Court order allowing amendment was set aside and the amendment application dismissed. Respondents 1 and 2 were directed to pay costs of ₹1,00,000 jointly or severally by the next date before the trial court.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 935.