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Monday, May 23, 2011


Rights of the parties are determined on the basis of the date of institution of the suit or proceedings. Can events happening after the institution of the suit be considered?

In the Case of Kedar Nath Agrawal(Dead) V Dhanraji Devi (Dead) by Lrs. and another9, the Supreme Court delineated the circumstances in which the subsequent events could be taken into consideration in the peculiar facts and circumstances of a particular case.

The Hon’ble Supreme Court held, the basic rule is that the rights of the parties should be determined on the basis of the date of institution of the suit or proceeding and the suit/action should be tried at all stages on the cause of action as it existed at the commencement of the suit/action. This, however, does not mean that events happening after institution of a suit/proceedings, cannot be considered at all. It is the power and duty of the Court to consider changed circumstances.  A Court of law may take into account subsequent events inter alia in the following circumstances:

(1) the relief claimed originally has by reason of subsequent change of circumstances become inappropriate; or

(2) it is necessary to take notice of subsequent events in order to shorten litigation; or

(3) it is necessary to do so in order to do complete justice between the parties.

Prepared by: S. Hemanth