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Head Note

The Code of Civil Procedure, 1908  - Order VI Rule (17) , The Hindu Marriage Act, 1955  - Section 13

Amendment in the plaint - Trial Court rejected application under Order 6, Rule 17 and petition under Article 227 of the Constitution was dismissed by High Court - Held - Court has discretion to permit any alteration or amendment in the pleadings of any party, if such amendment is necessary for the purpose of determining the real questions in controversy between the parties - Application for amendment was moved for that purpose - Thus trial court and High Court were not justified in refusing the prayer of amendment.

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