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IN THE HIGH COURT OF MARAS
S Aiyangar
Rasa Goundan
Versus
Pichamuthu Pillai
Decided On : 18 October, 1916
Amendment - Suit against Dead Person - The court held that there was no power of amendment in the lower court as the suit was filed against a dead person. The decision was based on the authority of the Veerappa Chetty v Ponnan case and the court dismissed the suit.
Fact of the Case:
The suit was filed against a dead person, leading to the conclusion that there was no suit at all. The court found that there was no power of amendment in the lower court in such a case.
Finding of the Court:
The court reversed the decision of the lower court and dismissed the suit with costs.
Issues: The main issue was the power of amendment in the lower court when the suit was filed against a dead person.
Ratio Decidendi: The court relied on the authority of the decision in Veerappa Chetty v Ponnan and found that there was no power of amendment in the lower court in such cases.
Final Decision: The suit was dismissed with costs in both the lower court and the present court.
1. In this case the suit was filed against a dead person, There was, therefore, really no suit at all and in such case I do not think there was any power of amendment in the lower Court The present case is covered by the authority of the decision in Veerappa Chetty v Ponnan 31 M. 86: 17 M. L. J. 551: 3 M. L. T. 12. The learned Pleader for the respondent contends that the new Code provides for such, amendent. I do not agree a he decision of the lower Court is reverse and the suit is dismissed with coats here and in the lower Court.
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