Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S.
Nehru Memorial Educational Society – Appellant
Versus
V.P. Divakaran Nambiar – Respondent
| Table of Content |
|---|
| 1. factual background of the suit and the impugned amendment order. (Para 1 , 2) |
| 2. summary of oral arguments from both parties regarding the scope and nature of the amendment. (Para 3 , 4 , 5 , 6) |
| 3. legal analysis of the principles governing amendment of pleadings under order vi rule 17 cpc. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. final outcome and liberty granted to parties to file a fresh suit. (Para 15) |
JUDGMENT :
Easwaran S., J.
The order granting leave to amend the suit is questioned in these proceedings on the ground that the grant of leave to amend the pleadings changes the character of the suit and the cause of action pleaded in the suit.
2. The brief facts necessary for the disposal of the original petition is as follows:-
OS.No.30 of 2023 was instituted by the first respondent/plaintiff seeking to declare a co-option of defendants 10 to 25 to the existing governing body of the petitioner/first defendant society in the meeting held on 21.05.2023 as illegal, void and contrary to the Rules. A consequential prohibitory injunction restraining defendants 10 to 25 not to act as the members of the governing body of petitioner/first defendant society was also sought
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
