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Rasa Goundan Vs. Pichamuthu Pillai - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in42Ind.Cas.539
AppellantRasa Goundan
RespondentPichamuthu Pillai
Excerpt:
civil procedure code (act v of 1908), order vi, rule 17 - suit against dead person--amendment of plaint. - 1. in this case the suit was filed against a dead person, there was, therefore, really no suit at all and in such case i do not think there was any power of amendment in the lower court the present case is covered by the authority of the decision in veerappa chetty v ponnan 31 m.s 86. the learned pleader for the respondent contends that the new code provides for such, amendent. i do not agree a he decision of the lower court is reverse and the suit is dismissed with coats here and in the lower court.
Judgment:

1. In this case the suit was filed against a dead person, There was, therefore, really no suit at all and in such case I do not think there was any power of amendment in the lower Court The present case is covered by the authority of the decision in Veerappa Chetty v Ponnan 31 M.S 86. The learned Pleader for the respondent contends that the new Code provides for such, amendent. I do not agree a he decision of the lower Court is reverse and the suit is dismissed with coats here and in the lower Court.


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