Ponni v. Jaya
Case brief
What is this about?
Civil Revision Petition challenging appellate dismissal of application to amend plaint to seek refund of advance amount in a specific performance suit. The High Court held that amendment is permissible.
What did the court decide?
Appellate order dismissing the application for amendment of plaint is set aside; plaintiff is permitted to amend the plaint.
What the court decided
C.R.P.No.4086 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.09.2023
CORAM
THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN
C.R.P.No.4086 of 2015 and M.P.No.1 of 2015
Ponni
...Petitioner/Petitioner/Appellant.
Vs.
1.Jaya 2.Nirmala 3.Malarkodi
4.Chitra
5.Kaliammal 6.Ramesh (Died) 7.Suresh
8.Indhira
Issues for consideration
3 issues framed by the court
Whether the trial court erred in refusing to allow amendment of plaint to claim refund of advance amount in a suit for specific performance.
Whether seeking refund of advance amount changes the character of a suit for specific performance.
Whether Section 22 of the Specific Relief Act permits amendment to claim alternative relief at any stage.
Parties & counsel
- petitioner
Ponni
- respondent
Jaya
- respondent
Nirmala
- respondent
Malarkodi
- respondent
Chitra
- respondent
Case details
As recorded by the court registry
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