Kajira Beeviammall by Next Friend and Husband Sheikpodir Rowther Vs. Fathma Biviammal and ors. - Court Judgment
|Judge||Sadasiva Aiyar, J.|
|Reported in||AIR1914Mad298; 24Ind.Cas.779|
|Appellant||Kajira Beeviammall by Next Friend and Husband Sheikpodir Rowther|
|Respondent||Fathma Biviammal and ors.|
|Cases Referred||Charu Chundra Dutt v. Sarat Chundra Singh|
civil procedure code [act v of 1908), section 115 - revision--refusing to allow amendment of plaint--order erroneous in law--no illegal exercise of jurisdiction or material irregularity--no revision competent. - 1. the munsif's refusal to allow the petition for amendment of plaint seems to me to be clearly erroneous. giving more weight (as i ought) to the very recent decision of this court in penumarli vasantarayadu v. reddi subbamma 22 ind. cas. 39 : 14 m.l.t. 588 : (1914) m.w.n. 98. than to the decisions of the calcutta high court in charu chundra dutt v. sarat chundra singh 8 ind. cas. 87 : 12 o.l.j. 537. etc., quoted by the learned vakil for the petitioner, i refuse to interfere in revision under section 315 of the code of civil procedure. there will be no order as to the costs in this petition.
1. The Munsif's refusal to allow the petition for amendment of plaint seems to me to be clearly erroneous. Giving more weight (as I ought) to the very recent decision of this Court in Penumarli Vasantarayadu v. Reddi Subbamma 22 Ind. Cas. 39 : 14 M.L.T. 588 : (1914) M.W.N. 98. than to the decisions of the Calcutta High Court in Charu Chundra Dutt v. Sarat Chundra Singh 8 Ind. Cas. 87 : 12 O.L.J. 537. etc., quoted by the learned Vakil for the petitioner, I refuse to interfere in revision under Section 315 of the Code of Civil Procedure. There will be no order as to the costs in this petition.