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    <title>2023 (3) TMI 1414 - Supreme Court</title>
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    <description>A belated amendment of the written statement at the appellate stage was refused because it was sought after inordinate delay, lacked explanation, and would have enlarged the remand into a fresh trial; that refusal was affirmed. A suit based on prior possession and alleged dispossession was held maintainable, while unpleaded reliance on third-party title, non-joinder, and abatement failed because evidence cannot cure missing pleadings and the estate was substantially represented. Concurrent findings that the plaintiff had prior possession, was forcibly dispossessed, and was entitled to possession and injunction were left undisturbed, as no perversity or patent illegality was shown and lis pendens applied to the later transfer.</description>
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      <link>https://www.taxtmi.com/caselaws?id=310340</link>
      <description>A belated amendment of the written statement at the appellate stage was refused because it was sought after inordinate delay, lacked explanation, and would have enlarged the remand into a fresh trial; that refusal was affirmed. A suit based on prior possession and alleged dispossession was held maintainable, while unpleaded reliance on third-party title, non-joinder, and abatement failed because evidence cannot cure missing pleadings and the estate was substantially represented. Concurrent findings that the plaintiff had prior possession, was forcibly dispossessed, and was entitled to possession and injunction were left undisturbed, as no perversity or patent illegality was shown and lis pendens applied to the later transfer.</description>
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