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Kajira Beeviammall by Next Friend and Husband Sheikpodir Rowther Vs. Fathma Biviammal and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1914Mad298; 24Ind.Cas.779
AppellantKajira Beeviammall by Next Friend and Husband Sheikpodir Rowther
RespondentFathma Biviammal and ors.
Cases ReferredCharu Chundra Dutt v. Sarat Chundra Singh
Excerpt:
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.
Judgment:

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.


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