SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1997 Supreme(Mad) 1490

K.GOVINDARAJAN
Syndicate Bank, Salem Town, rep. by its sub-manager – Appellant
Versus
Salem Slate Forms, firm by partner Muthu Reddiar, Thadamapatty, Salem-14. and others – Respondent


Advocates:
Mr. R. Subratnanian, for Mr. R. Vedantham Advocate for Petitioner. Mr. R. Sekar for M/s. M.S. Krishnan, for Respondents Nos. 2 to 4 and Mr. D. Sivakumaran, for Respondent No.5 No Appearanc`e for Respondents No.l and 6.

Judgment :-

1. The petitioner filed O.S.No. 52 of 1982 on the file of the Sub-Court, Salem. The suit was decreed as prayed for on 16. 1984, as the defendants remained ex parte. At the time of filing the petition for final decree, it was found out that by mistake it was prayed in the plaint that preliminary and final decree should be passed, though the suit is only for recovery of money. So, the petitioner filed I.A.No. 115 of 1988 under Section 152 of the Code of Civil Procedure to rectify the mistake by amending the decree, as the suit is only for recovery of money. The said petition was dismissed by the court below in its order dated 110. 1990. Aggrieved against the same, the petitioner has filed the”above revision.

2. In the plaint filed in the above suit, the plaintiff has prayed as follows:-

“Therefore, the plaintiff humbly prays that the Hon’ble Court be pleased to pass a decree and judgment against the defendant for the suit claim with subsequent interest at contract rate and costs and make suitable provisions for the passing of a final decree if need be, directing the defendants to pay the amount within a stipulated time, and in case if they fail to make payment to make p


















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top