C.Vanitha v. Samiyathal
Case brief
What is this about?
Civil Revision Petition challenging the trial Court order allowing amendment of plaint prayer for specific performance. High Court confirmed the order, holding that limitation issue should be raised during trial.
What did the court decide?
Civil Revision Petition dismissed; order of the trial Court allowing amendment confirmed; issue of limitation to be raised during trial.
What the court decided
C.R.P. (PD) No.254 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.08.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN
CRP. (PD) No.254 of 2019
1.C.Vanitha
2.Minor Nithin
represented by Mother and Guardian
1 st petitioner C.Vanitha.
3.Kotravel ... Petitioners
Vs.
1.P.Samiyathal
2.P.Shankar
3.Vijayakumar
4.Bhuvaneswari @ Baby
5.Arunachalam Gounder ... Respondents
(Respondents 3 to 5 herein given up as unnecessary parties vide separate
memo)
Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and final order dated 09.11.2018 in I.A. No.500 of 2017 in O.S. No.359 of 2016 on the file of the I Additional District Munsif Court, Erode.
For Petitioners : Ms. Zeenath Begum For Respondents 1&2 : Ms. M.Abirami 3-6 : Given up ***
Issues for consideration
2 issues framed by the court
Whether the application to amend the plaint prayer for specific performance is maintainable in view of the alternative relief of return of advance amount and the dispute demarcation pending
Whether the trial Court was correct in allowing the amendment despite the respondents' claim of limitation
Parties & counsel
- petitioner
1.Vanitha; 2.Minor Nithin; 3.Kotravel (Petitioners)
- respondent
1.P.Samiyathal; 2.P.Shankar; 3.Vijayakumar; 4.Bhuvaneswari @ Baby; 5.Arunachalam Gounder (Respondents)
Coram
G Chandrasekharan
Case details
As recorded by the court registry
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