Unknown vs Temraz And
2026 Latest Caselaw 2991 UK

Uttarakhand High Court

Unknown vs Temraz And on 15 April, 2026

Author: Alok Kumar Verma

Bench: Alok Kumar Verma

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      15.04.                        WPMS No.874 of 2026
      2026                          Hon'ble Alok Kumar Verma, J.

The petitioner-appellant-defendant filed an amendment application in Civil Appeal No.54 of 2023, "Vidhavati vs. Temraz and Others". The said amendment application has been dismissed vide Order dated 18.03.2026.

2. It has been observed by the learned Appellate Court that the appellant wants to add new facts, departing from the statements in her written statement.

3. Heard Mr. Piyush Garg, learned counsel for the petitioner.

4. Mr. Piyush Garg, Advocate submitted that the observation of the learned Appellate Court is contrary to the actual facts. In the present case, the real controversy is whether the plaintiff has any share in the suit property or not. The amendment sought by the petitioner is necessary for determining the real question in controversy.

5. Mr. Piyush Garg, Advocate, has contended that all amendments are to be allowed which are necessary for determining the real question in controversy. The amendment sought by the petitioner - defendant does not change the nature of the suit, nor does it cause prejudice to the respondents- plaintiffs.

6. Mr. Piyush Garg, Advocate, has relied upon a judgment of the Hon'ble Supreme Court in "Life Insurance Corporation of India vs. Sanjeev Builders Private Ltd. and Another, (2022) 16 SCC 1".

7. Admit.

8. Notice is being issued to the respondents. Steps to be taken within a week.

9. List on 21.05.2026. Till then, the further proceedings of Civil Appeal No.54 of 2023, "Vidhavati vs. Temraj and Others" are stayed.

(Alok Kumar Verma, J.) 15.04.2026

Pant/