T. K. T. Garments Tirupur v. Manager Sri Balaji Transport Lines Mumbai and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2011 Supreme(Online)(Mad) 14

MADRAS HIGH COURT
N. Kirubakaran, J
T. K. T. Garments Tirupur v. Manager Sri Balaji Transport Lines Mumbai and Others

Advocates:
For the Appellants/Petitioners: Mr. Marudhachalamurthy
For the Respondents: Mr. I.C. Vasudevan

Table of Content
1. description of parties in pleadings must accurately reflect legal entities. (Para 1 , 2 , 3)
2. amendments to pleadings should clarify parties intended to be held liable. (Para 4 , 5 , 6)
3. provisions regarding limitation should be considered when seeking amendments in pleadings. (Para 7 , 8 , 9 , 10)
4. final decision on the dismissal of the petition. (Para 11)

1. The petitioner is plaintiff in O.S.No.308 of 2004 on the file of the Sub Court, Tirupur. He has filed the suit for recovery of money against the defendants who were described as follows -
1.The Manager, Sri Balaji Transport Lines, Mumbai
2.The Branch Manager, Sri Balaji Transport Lines, Tirupur
3.The Branch Manager, Sri Balaji Roadways, Ahmedabad

2. Pending the trial of the suit, the petitioner filed an application under O.6 R.17 CPC for amending the plaint to delete the words "Manager" and "Branch Manager" as mentioned before the names of the Transport Companies and after the names of the companies, to be described as follows -
(1)Represented by Partner Kutty S/o Madhavan Nair
(2)Represented by Partner Parimalam
(3)Represented by Partner Jeevanandham
He has also sought for certain amendments in the bod