CIV W.P. No. 922 of 2013: Plaintiff sought to amend plaint prayer by adding defendants 3 to 9 as a typographical error. Court allowed amendment despite notice to 122 respondents, directing filing of amended plaint by 08.11.2016.
Amendment of plaint prayer and cause title allowed. Filing of amended plaint directed by 08.11.2016.
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1
A. N o . 92 2 of 20 1 3
IN
C. S . N o . 72 of 20 1 0
C. V . K A R T H I K E Y A N , J.
This application has been filed by the plaintiff seeking to amend the third
prayer in the plaint by inserting the word “defendants 1 to 9” instead of defendants
1 & 2 in plaint prayer (3).
2 . In the said application, notice has been ordered to all 122 respondents even though, the respondents 10 to 122 are not directly affected.
3. The learned counsel for the petitioner/plaintiff states that the said
amendment has been sought since it is a typographical error. At any rate, the plaintiff has to establish his case during trial and whether the defendants 1 and 2
alone are liable to render accounts or defendants 1 to 9 are liable to render
accounts as given in prayer No. 3 can be decided only on appreciation of evidence. Consequently at this stage, this application is allowed.
2
C. V . K A R T H I K E Y A N , J.
vsg
4 . Learned counsel appearing for the plaintiffs is directed to carry out
necessary amendment in the cause title and in the plaint and to file the amended
copy of the plaint on 08.11.2016.
5. Office is directed to put a note regarding service of the individual
defendants.
06.10.2016
vsg
A. N o . 92 2 of 20 1 3
IN
C. S . N o . 72 of 20 1 0
3
1 issue framed by the court
Whether an application to amend the plaint prayer to insert additional defendants as a typographical error should be allowed at this stage.
Plaintiff
Respondents 1 to 122
C. V. Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
