Skip to content


ismail Bibi Ammal Vs. Moideen Abdul Kadir Sahib and anr. - Court Judgment

LegalCrystal Citation
Subject Civil
CourtChennai
Decided On
Reported inAIR1929Mad273; 113Ind.Cas.296
Appellantismail Bibi Ammal
RespondentMoideen Abdul Kadir Sahib and anr.
Cases ReferredIn Maung Shwe Myat v. Maung Po Sin A.I.R.
Excerpt:
- - it may be observed also that if the plaintiff is to be driven to a fresh suit, it will be a suit of precisely the same character. venkata ramayya appa rao air1927mad212 ,another madras case it was held that all such amendments should be allowed as may be necessary for the purpose of determining the real questions in controversy between the parties and in matters of amendments of pleadings and court-fees and such like, interference by the high court in revision would generally save the parties considerable expense and the courts considerable loss of time and it is desirable that the high court should interfere in proper cases......that if the plaintiff is to be driven to a fresh suit, it will be a suit of precisely the same character. parties do not pray for declarations when there is no obstacle to be removed and plaintiff will again state that she is the landlord, relying, if no further evidence is forthcoming, upon defendants' admissions in these suits, and defendants will again set up occupancy rights, confronted, however, by the finding in these suits.4. in sobhanadri appa rao v. venkata ramayya appa rao : air1927mad212 , another madras case it was held that all such amendments should be allowed as may be necessary for the purpose of determining the real questions in controversy between the parties and in matters of amendments of pleadings and court-fees and such like, interference by the high court in.....
Judgment:

Walsh, J.

1. The petitioner, plaintiff in the case, sued to recover rent from the defendants and possession of the property. Owing to the defence set up in the written statement, the petitioner asked for leave to amend the plaint by adding also a prayer for declaration of title on paying the necessary Court-fees. This petition was refused by the District Munsif and this civil revision petition is filed against his order. The District Munsif says as follows:

The application is opposed. It is urged that the amendment now prayed for would change the character of the suit and that this application should not therefore be allowed at this late stage in the suit.

2. It has been held in several cases that a suit for rent on the basis of a lease should not be allowed to be converted into a suit for declaration of ownership : vide Bai Shri Majirajbai v. Maganlal Bhaishankar [1895] 19 Bom. 303. It has been held that when a plaintiff bases a claim on a specific legal relationship between him and the defendant he should not be allowed to amend the plaint so as to base it on a different legal relationship.

3. It may be pointed out that the Bombay case was decided under Section 53, Civil P.C. which has been since rep aced by Order 6, Rule 17, which is very much wider in terms. In fact the phrase in Section 53 that a plaint shall not be amended either by the party to whom it is returned for amendment or by the Court so as to convert a suit of one character into one of another and inconsistent character is not to be found at all in the present Order 6, Rule 17 which says, that the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just and all such amendments shall be made as may be necessary for determining the real questions in controversy between the parties. The amendment in the Bombay case, it may also be noted, was sought after judgment and in the course of appeal. There is nothing in the proposed amendment of the plaint which really adds anything to the rights which plaintiff has stated in the plaint and as the points which have been raised in the case by the written statement necessarily involve the determination of the plaintiff's title, the plaintiff should not be driven to a new suit. There are several rulings of this Court to that effect, Venkata Ratnamma v. Sreeramulu : AIR1927Mad331 . This was a suit of the same sort as the present and the learned Judge observed:

It may be observed also that if the plaintiff is to be driven to a fresh suit, it will be a suit of precisely the same character. Parties do not pray for declarations when there is no obstacle to be removed and plaintiff will again state that she is the landlord, relying, if no further evidence is forthcoming, upon defendants' admissions in these suits, and defendants will again set up occupancy rights, confronted, however, by the finding in these suits.

4. In Sobhanadri Appa Rao v. Venkata Ramayya Appa Rao : AIR1927Mad212 , another Madras case it was held that all such amendments should be allowed as may be necessary for the purpose of determining the real questions in controversy between the parties and in matters of amendments of pleadings and Court-fees and such like, interference by the High Court in revision would generally save the parties considerable expense and the Courts considerable loss of time and it is desirable that the High Court should interfere in proper cases.

5. In Maung Shwe Myat v. Maung Po Sin A.I.R. 1925 Rang. 282, it was laid down that an amendment of the pleadings can be allowed at any stage of the proceedings where the sole result of the refusal would be to drive the plaintiff to a separate suit, to avoid which is one of the principal objects of the much wider rule as to amendment which has been introduced in the present Civil Procedure Code.

6. The respondents have not appeared to argue the petition but it seems to me that Order 6, Rule 17 and the rulings quoted are clear that an amendment of this sort should be allowed to settle the real matters in issue instead of the plaintiff having to file a fresh suit. The petition is therefore allowed and the plaint may be amended as prayed for. The petitioner will have his costs here in which the cost of typing copies will be included.

7. Costs in the lower Court will be costs in the suit.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //