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Sri Rajah Bommadevara Satyanarayana Vara Prasada Rao Bahadur Zamindar Garu Vs. Sankarahanapalli Venkata Tirumala Manavallaswamy - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1925Mad794; (1925)48MLJ489
AppellantSri Rajah Bommadevara Satyanarayana Vara Prasada Rao Bahadur Zamindar Garu
RespondentSankarahanapalli Venkata Tirumala Manavallaswamy
Cases ReferredMa Shwe Mya v. Maung Mo Hnaung
Excerpt:
- - i think the amendment is quite unobjectionable and falls clearly within the scope of rule 17, order 6 of the civil procedure code. 832 cited for holding 'that full powers of amendment must be enjoyed and should always be liberally exercised.krishnan, j.1. it is argued that the lower court acted without jurisdiction in allowing the amendment allowed by it. i think the amendment is quite unobjectionable and falls clearly within the scope of rule 17, order 6 of the civil procedure code. the observations in the case cited in ma shwe mya v. maung mo hnaung ilr (1921) cal. 832 have to be read with the facts of that case. the amendment allowed here does not change the nature of the suit at all. the words of rule 17 give wide powers of amendment and we have the authority of the privy council itself in ma shwe mya v. maung mo hnaung ilr (1921) cal. 832 cited for holding 'that full powers of amendment must be enjoyed and should always be liberally exercised.' the petition fails and is dismissed with costs.
Judgment:

Krishnan, J.

1. It is argued that the Lower Court acted without jurisdiction in allowing the amendment allowed by it. I think the amendment is quite unobjectionable and falls clearly within the scope of Rule 17, Order 6 of the Civil Procedure Code. The observations in the case cited in Ma Shwe Mya v. Maung Mo Hnaung ILR (1921) Cal. 832 have to be read with the facts of that case. The amendment allowed here does not change the nature of the suit at all. The words of Rule 17 give wide powers of amendment and we have the authority of the Privy Council itself in Ma Shwe Mya v. Maung Mo Hnaung ILR (1921) Cal. 832 cited for holding 'that full powers of amendment must be enjoyed and should always be liberally exercised.' The petition fails and is dismissed with costs.


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