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1957 Supreme(Mad) 49

PANCHAPAKESA AYYAR
Kaliammal – Appellant
Versus
G. N. Ramaswami Goundar – Respondent


Advocates:
S. Sitarama Ayyar and S. Rajaraman for Petitioner.
K. K. Gangadhara Ayyar, for Respondent.

Judgment

This is a petition by One Kaliammal, the defendant in O. S. No. 395/52 on the file of the sub-Court, Coimbatore, against the order of the learned Subordinate Judge in I.A. 515/55 allowing the 2nd plaintiff the respondent herein to amend the plaint drastically on attaining majority, on the ground that the amendments involved only questions of law, and were in his opinion, fit to be allowed. I have perused the entire records and heard the learned counsel on both sides. Mr. Rajaraman learned counsel for the petitioner, urged that even questions of law net raised in the original plaint should not be allowed to be raised by way of amendment, if they would totally change the cause of action or subvert the frame of the original plaint, or set up contentions which were already known to the parties at the time of filing the original plaint but were not set up then. I agree generally with these propositions. But in this case there is the fact that the 2nd plaintiff was a minor at the time of the filing of the original plaint and was represented by a guardian. Under our law, there is a right in a minor to attack the guardian’s acts in conducting a suit on the ground of gross negligenc


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