Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
D. Thangarasu – Appellant
Versus
Senthil Educational Trust Rep.By Its Managing Trustee – Respondent
| Table of Content |
|---|
| 1. introduction of case and procedural orders. (Para 1 , 1) |
| 2. overview of the relief sought in the plaintiffs' suit. (Para 2 , 3) |
| 3. arguments regarding the amendment application for managing the trust. (Para 4 , 5) |
| 4. judicial interpretation of trial commencement and amendment provisions. (Para 8 , 10) |
| 5. affirmation of the trial court's liberal approach to amendment applications. (Para 12) |
| 6. conclusion and dismissal of the civil revision petition. (Para 13) |
ORDER :
S. SOUNTHAR, J.
This Civil Revision Petition is filed challenging the order passed by the trial court allowing the application filed by the respondents 1 to 3/plaintiffs seeking amendment of plaint.
2. The respondents 1 to 3 filed a suit seeking the following reliefs:-
(a) declaring that the defendants 2 to 12 are not the duly co-opted trustees of the 1st plaintiff trust;
/consequently/
(b) restraining the defendants 2 to 12 by means of a decree of permanent injunction from functioning as trustees and from in any manner interfering in the management and administration of the 1st plaintiff trust and the Educational Institutions of the 1st plaintiff by the plaintiffs 2 and 3;
(c) declaring that the 2nd plaintiff is
Amendments to pleadings in civil suits can be allowed liberally prior to the commencement of trial, with strict rules only applying post-recording of evidence.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
The main legal point established is that amendments to pleadings can be allowed if necessary for deciding the rights of the parties, bonafide, and relevant, without causing prejudice that cannot be c....
Amendment of Written Statement - Admissions made in the pleadings cannot be permitted to be withdrawn by amendment, but application may be made for explaining the clarification in the admissions.
The main legal point established in the judgment is the requirement of due diligence, as contained in the proviso to Order VI, Rule 17 of CPC, and the factors necessary to be considered while decidin....
The due diligence test in Order VI Rule 17 of the Code of Civil Procedure does not apply universally to all amendments after trial commencement; courts should focus on the necessity of amendments for....
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
