B.Baby v. S.Muniyammal
Case brief
What is this about?
This civil revision petition challenged an order dismissing an application to amend the plaint in a partition suit. The High Court held that the amendment relating to legal heirship did not alter the nature of the suit and set aside the lower court's order.
What did the court decide?
The order passed by the District Munsif-cum-Judicial Magistrate Court in I.A No. 1 of 2023 in O.S No. 110 of 2013 is set aside.
What the court decided
CRP. No. 2319 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP No. 2319 of 2023 & CMP No. 14083 of 2023
1.B.Baby 2.V.Vasantha
...Petitioners
Vs.
1.S.Muniyammal
- 2.K.Sundaramoorthy
- 3.V.Indra
- 4.S.Purushothaman
Issues for consideration
1 issue framed by the court
Whether an amendment to the plaint introducing a second class legal heir changes the nature of the suit sufficiently to justify quashing the impugned order dismissing the amendment application.
Parties & counsel
- petitioner
B.Baby
- petitioner
V.Vasantha
- respondent
S.Muniyammal
- respondent
K.Sundaramoorthy
- respondent
V.Indra
- respondent
Case details
As recorded by the court registry
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