Murugesan v. P. Chakravarthi
Case brief
What is this about?
Civil revision petition challenging District Munsif Court order allowing amendment of plaint in specific performance suit. Bench held title declaration prayer incongruous and barred, quashing lower court order.
What did the court decide?
Civil Revision Petition allowed; Trial Court order set aside; Application for amendment dismissed; Connected miscellaneous petition closed.
What the court decided
C.R.P. (PD) No.2732 of 2018 & C.M.P.No.16058 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
C.R.P. (PD) No.2732 of 2018
& C.M.P.No.16058 of 2018
1. Murugesan
2. Santhi
3. Minor Hariharan
Minor rep. By Next Friend father Murugesan
… Petitioners
Vs.
1. P.Chakravarthi
2. Samikannu .. Respondents
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order of the District Munsif Court at Pappireddipatti, dated 12.06.2018 in I.A.No.493 of 2018 in OS. No.136 of 2014.
1/6
C.R.P. (PD) No.2732 of 2018 & C.M.P.No.16058 of 2018
For Petitioners : Mr.P.Valliappan
Issues for consideration
3 issues framed by the court
Whether a prayer for declaration of title to property can be included in a suit for specific performance of contract.
Whether an application to amend plaint seeking title declaration barred by res judicata after prior dismissal.
Whether the Trial Court erred in allowing amendment of plaint to include declaration of title.
Parties & counsel
- appellant
Murugesan
- appellant
Santhi
- appellant
Hariharan
- respondent
P.Chakravarthi
- respondent
Samikannu
Case details
As recorded by the court registry
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