Sukumaran v. Baburaj
Case brief
What is this about?
Court dismissed an original petition challenging a lower court's order rejecting an amendment of plaint. The petitioner sought to correct property description and extent; court held the amendment altered the suit's nature and character.
What did the court decide?
Original petition dismissed; impugned order maintaining the rejection of plea for amendment to plaint upheld.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
TUESDAY, THE 12TH DAY OF JULY 2016/21ST ASHADHA, 1938
OP(C).No. 1011 of 2016 (O)
IA NO. 165/16 IN OS NO. 237/2013 OF MUNSIFF COURT, HARIPPAD
PETITIONER/PLAINTIFF :
SUKUMARAN AGED 68 YEARS, S/O. MADHAVAN, PANACHOOR THARAYIL, CHINGOLI NORTH MURI, CHINGOLI VILLAGE.
BY ADVS.SMT.K.P.SANTHI SRI.R.JAYAKRISHNAN (MUTHUKULAM)
RESPONDENTS/DEFENDANTS :
1. BABURAJ AGED 41 YEARS, S/O. DIVAKARAN, JAYABHAVANAM, CHINGOLI NORTH MURI, CHINGOLI VILLAGE-690 532.
Issues for consideration
2 issues framed by the court
Whether the amendment of plaint to correct the extent of property and add sale deed numbers alters the nature and character of the suit.
Whether the impugned order rejecting the application for amendment under Order 6 Rule 17 CPC is illegal or improper.
Parties & counsel
- petitioner
SUKUMARAN
- respondent
BABURAJ
- respondent
JAYAPALAN
Coram
Case details
As recorded by the court registry
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