Previous possession

vinod sharma (Querist) 22 September 2012 This query is : Resolved
is this possibale that without amending pleadings plaintiff can take alternative plea of his title in a suit that is on the bassis of his previous possession under section 6 of specific relief act ? (if no then sujjest me some lattest citations of supreme court)

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Kiran Kumar (Expert) 22 September 2012
if your amendment changes the nature of the suit completely then certainly you cannot ask for any amendment.

its a matter of facts and circumstances of the case, if the proposed amendment is necessary for the proper disposal of the matter or for proper adjudication of the controversy involved then the court will definitely allow the amendment.

free legal service (Expert) 23 September 2012
court can strike out pleadings if the amendment proposed has the effect of changing nature of real controversy involved in suit.

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