http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 7
PETITIONER: PIRGONDA HONGONDA PATIL
Vs.
RESPONDENT: KALGONDA SHIDGONDA PATIL AND OTHERS
DATE OF JUDGMENT: 07/02/1957
BENCH: DAS, S.K. BENCH: DAS, S.K. AIYYAR, T.L. VENKATARAMA GAJENDRAGADKAR, P.B.
CITATION: 1957 AIR 363 1957 SCR 595
ACT: Amendment of Plaint-Addition of further and better parti culars of the claim-Nature of reliefs not altered-Fresh suit or the date of amendment barred by limitation-Whether amendment should be allowed-Code of Civil Procedure (Act V of 1908), O. VI r. 17, 0. XXI, rr. 97, 99, 103.
HEADNOTE: S. obtained a decree of, ejectment against the third respon- dent and while attempting to take possession of the properties ir execution of the decree he was obstructed by the appellant and the application for removal of the obstruction was dismissed by the Court on April 12, 1947. He thereupon filed the present suil on March 12, 1948, under 0. XXI, r. 103, of the Code of Civil Procedure, for a declaration that he was entitled to recovery possession of the suit properties, impleading the appellant and the third respondent. In the plaint, apart from the decree obtained in the earlier suit no particular averments were made as to the facts or grounds on which the plaintiff based his title to the suit properties as against the appellant. Both in his application dated November 2o, 1948, and in his written statement, the appe...