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1946 Supreme(Mad) 160

RAJAMANNAR
V. T. Elaya Pillai – Appellant
Versus
Ramasami Jadaya Goundan – Respondent


Advocates:
K. S. Sanakara Aiyar for Petitioner.
The Advocate-General (K. Rajah Aiyar) and K. Srinivasan for Respondent.

Judgment

The first defendant in O. S. No. 44 of 1944 in the District Court of South Arcot seeks to revise an order of the learned District Judge of South Arcot allowing an application for amendment (I. A. No. 169 of 1945) made by the respondent. The suit was not originally filed by the respondent but was filed by one Muthuswami Jadayya Koundar who was the holder of an impartible estate known as Jadaya Goundan Hills Jagir. The suit was inter alia for a declaration that a promissory note bearing date nth September, 1942, and a lease deed bearing date 16th September, 1942, obtained by the defendant from the plaintiff are not binding on or enforceable against the plaintiff. The ground on which this relief was sought was that the execution of the promissory note and the deed of Jease was vitiated by coercion, undue influence and fraud. The original plaintiff died on 13th May, 1945, and the present respondent, one Ramaswami, his younger brother, was brought on record as his legal representative and successor to the impartible estate. The respondent now seeks to amend the plaint filed by his predecessor by the addition of a paragraph which raises a contention that the promissory note and t


















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