Basavaraj vs Indira

insc-2024-151 Supreme Court of India 29 February 2024 • CIVIL APPEAL NO. 2886 OF 2012 • 12 min read

Judges (2)

C.T. Ravikumar Coram Rajesh Bindal Delivered

Parties (2)

Basavaraj Appellant Indira Respondent

Case Significance

Basavaraj vs Indira is a Supreme Court of India decision dated February 29, 2024 (citation: insc-2024-151). The respondent-plaintiff sought amendment of a partition suit plaint to add a declaration that an earlier compromise decree of 2004 was null and void, claiming oversight. The Supreme Court allowed the appeal, holding that the amendment was time-barred as the limitation for challenging a decree is three years, and all parties to the compromise decree were not before the court. The High Court's order allowing the amendment was set aside with costs of Rs.1,00,000. The bench comprised Justices C.T. Ravikumar and Rajesh Bindal. The judgment was delivered by Justice Rajesh Bindal.

Summary

The respondent-plaintiff sought amendment of a partition suit plaint to add a declaration that an earlier compromise decree of 2004 was null and void, claiming oversight. The Supreme Court allowed the appeal, holding that the amendment was time-barred as the limitation for challenging a decree is three years, and all parties to the compromise decree were not before the court. The High Court's order allowing the amendment was set aside with costs of Rs.1,00,000.

What was the outcome of Basavaraj vs Indira?

The respondent-plaintiff sought amendment of a partition suit plaint to add a declaration that an earlier compromise decree of 2004 was null and void, claiming oversight. The Supreme Court allowed the...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (insc-2024-151)