The court allowed an application to recast issues in a civil suit to include questions on maintainability, mis-joinder of cause of action and parties, and limitation, directing the filing of additional issues.
Additional issues framed regarding maintainability, mis-joinder of cause of action, mis-joinder of parties, and limitation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
A. No. 8717 of 2019
A. No. 8717 of 2019 in C.S.No.174 of 2015
SENTHILKUMAR RAMAMOORTHY, J.
This application is filed to recast the issues framed in the above suit on 05.09.2018.
learned counsel for the respondents.
counsel and on examining the pleadings and the issues framed previously, I am of the view that this application is liable to be
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A. No. 8717 of 2019
SENTHILKUMAR RAMAMOORTHY, J.
bga
allowed so as to include the issues relating to maintainability, misjoinder and limitation. Therefore, this application is allowed and the following additional issues are framed:
(1)Whether the suit as framed is maintainable in law? (2)Whether the suit is bad for mis-joinder of cause of action and mis-joinder of parties? (3)Whether the suit claim is barred by limitation?
22.01.2020 for continuation of evidence.
06.01.2020
bga
A. No. 8717 of 2019 in C.S.No.174 of 2015
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2 issues framed by the court
Whether the application to recast issues is maintainable by the court.
Whether additional issues regarding maintainability of the suit, mis-joinder and limitation should be framed.
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
