M/S JAGTAP AND CO. v. VIMAL BHIMRAO JAGTAP

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

(Arising out of SLP (C) No.3527 of 2023)

M/S JAGTAP AND CO. & ORS. APPELLANT(S)

VIMAL BHIMRAO JAGTAP & ORS. RESPONDENT(S)

1. Leave granted.

2. We have heard learned counsel appearing for the respective

parties. All parties are duly served and represented.

3. The appellant No.1/company, which is the plaintiff before the

Trial Court, challenges the order dated 1st March 2022, passed by

the High Court of Judicature at Bombay in W.P. No.5115 of 2019,

titled “Vimal Bhimrao Jagtap and Ors. vs. Jagtap and Co. and Ors.”,

whereby the High Court set aside the order dated 31st December 2018

passed by the learned 8th Joint Civil Judge (Senior Division) in

Special Civil Suit No.89/2005, titled “Jagtap & Co. vs. Sitabai

Rambhau Jagtap”, allowing the plaintiff’s application for

amendment.

4. It is undisputed that the plaintiff instituted the suit in the

year 2005 and only in the year 2017, filed an application under

Order VI Rule 17 Code of Civil Procedure seeking an amendment of

the plaint. It is also undisputed that, prior thereto, no issues

stood framed in the suit, be it for whatsoever reasons.

5. Having given thoughtful consideration to the matter, we are of

the view that the High Court ought not to have entertained the

respondents’ application under A...