K.Bhavani v. J.Mohan
Case brief
What is this about?
The High Court of Judicature at Madras allowed Civil Revision Petitions and set aside the Trial Court's dismissal of petitions seeking amendment to add a prayer for recovery of possession. The Court held the amendment did not change the suit's character and was erroneous to reject.
What did the court decide?
Set aside the order and decree made in I.A. No. 1 of 2022 and I.A. No. 521 of 2018 dated 07.09.2023; liberty granted to defendant for additional written statement.
What the court decided
CRP Nos.4310 & 4312 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.12.2023
CORAM :
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
Civil Revision Petition Nos.4310 and 4312 of 2023 and C.M.P. No. 26261 of 2023
K.Bhavani ... Petitioner in both CRPs.
Vs.
- J.Mohan
- J.Santhosh
- J.Ezhilarasi ...Respondents in both CRPs.
Prayer : Civil Revision Petitions filed Under Article 227 of Constitution of India, praying to set aside the order and decree made in I.A.No.1 of 2022 in I.A.No.521 of 2018 in O.S.No.82 of 2012 and I.A.No.521 of 2018 in O.S.No.82 of 2012 on the file of the District Munsif, Gudiyattam, Vellore District, dated 07.09.2023.
Issues for consideration
2 issues framed by the court
Whether the High Court can set aside the Trial Court's dismissal of petitions seeking amendment of plaint to add prayer for recovery of possession.
Whether allowing the amendment alters the character of the suit to preclude consideration.
Parties & counsel
- petitioner
K. Bhavani
- respondent
J. Mohan
- respondent
J. Santhosh
- respondent
J. Ezhilarasi
Coram
Case details
As recorded by the court registry
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