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G. GIRISH
Sreeja C. C. W/o Dineshan – Appellant
Versus
Yesoda C. D/o Manni – Respondent
1. Can a suit for declaration of a document as null and void could be moulded as one for cancellation of that document by taking recourse to Order VI Rule 17 of the Code of Civil Procedure, that too, at a time when the case was reserved for judgment? This is the short issue to be resolved in this Original Petition.
2. The plaintiff in O.S. No. 1/2019 on the files of Sub Court, Kannur, an octogenarian lady, sought a declaration in the said suit that Document No. 100/2016 of S.R.O. Anjarakandy executed by her in favour of the defendant in that suit, who is none other than her daughter, is void since it was got executed by perpetrating fraud and misrepresentation upon her. She alleged that her daughter, the defendant in the suit, took her to the Sub Registrar’s office under the pretext that she was to sign some papers in connection with the creation of a mortgage of the property as security for the loan being availed by her son-in-law. Thus, the defendant in O.S. No. 1/2019 of the Sub Court, Kannur is said to have managed to obtain a sale deed executed in respect of the property belonging to the plaintiff which is scheduled in that suit. The plaintiff claims to have instituted the abov
An amendment to change the relief sought in a case, which does not change the factual matrix and aims to nullify the operation of a document, should be allowed if the challenge against the document w....
The court emphasized the importance of doing substantial justice, the need for due diligence in seeking amendments after the commencement of the trial, and the limited jurisdiction of the court in al....
The main legal point established in the judgment is that the court may allow an amendment if it is imperative for proper adjudication of the case, and to avoid injustice and multiplicity of litigatio....
Point of Law : Where the court is misled by a party or the court itself commits a mistake which prejudiced a party, the court has the inherent power to recall its order. Going by the decision cited, ....
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
Amendment of plaint – All amendments which are necessary for determination of real question in controversy between parties are required to be allowed, unless proposed amendment has propensity to caus....
An executant of a registered document must seek the cancellation of said document along with consequential relief rather than relying on a mere declaration to challenge its validity.
Amendments to pleadings are permissible under Order VI Rule 17 of the CPC if they do not change the nature of the suit and are necessary for justice, even if filed after a delay.
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