Dismissed

Amirbhai Jamalbhai v. a.Srivachalam

Telangana HC24 Oct 2014CRP/2960/2012

Case brief

AI extract

What is this about?

In this revision petition, the High Court held that amendment of plaint was not permissible as the specific cause of action (lease renewal denial) had ceased and the requested period expired, rendering the suit infructuous.

What did the court decide?

The revision petition was dismissed; the lower appellate court was directed to pass final orders noting the cessation of cause of action.

Amirbhai Jamalbhai Vs a.Srivachalam — Specific Performance | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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C.R.P.No.2960 of 2012

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ORDER:

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The petitioners took the commercial premises owned by the respondents on lease under a document, dated 30.08.2005. The duration of lease was three years i.e. from 01.09.2005 to 30.08.2008. Even before the lease expired, the petitioners filed O.S.No.3088 of 2008 in the Court of

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V Junior Civil Judge, City Civil Court, Hyderabad, for specific performance of the clause pertaining to renewal of lease. The trial Court dismissed the suit through its judgment, dated 29.06.2010. Aggrieved by that, the petitioners filed A.S.No.353 of 2010 in the Court of XII Additional Chief Judge (Fast Track Court), Hyderabad. During the pendency of the appeal, they filed I.A.No.256 of 2012 under Order VI Rule 17 C.P.C., with a prayer to permit them to amend the plaint. They wanted to incorporate the prayer for renewal of the lease by another three years from 01.09.2011 to 30.08.2014. The lower Appellate Court dismissed the I.A., through its order, dated 11.04.2012. Hence, this revision.

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Heard learned counsel for the petitioners and learned counsel for the respondents.

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In every suit, the plaintiff has to mention the cause of action. The relief claimed in the plaint would depend upon the nature of cause of action. The cause of action in the present suit was alleged the denial of the respondents to refuse the renewal of the lease up to 30.08.2011. Not only the suit was dismissed, but also the period for which the petitioners sought renewal has expired. With that, the suit either has become infructuous or has worked itself out. The question of amending the plaint, in such a suit, does not arise. The lower Appellate Court has taken correct view of the matter.

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The C.R.P. is accordingly dismissed. The lower Appellate Court shall take note of cessation of cause of action and pass final orders in the appeal forthwith. There shall be no order as to costs.

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The miscellaneous petitions filed in this C.R.P. shall also stand disposed of.

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L.NARASIMHA REDDY, J.

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24.10.2014

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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C.R.P.No.2960 of 2012

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Date:24.10.2014

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Amirbhai Jamalbhai v. a.Srivachalam

Case brief

What is this about?

What did the court decide?

Amirbhai Jamalbhai v. a.Srivachalam

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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