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Chhatrapat Sinha Vs. Maharaja Bahadur Sinha - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in39Ind.Cas.861
AppellantChhatrapat Sinha
RespondentMaharaja Bahadur Sinha
Excerpt:
civil procedure code (act v of 1908), order vi, rule 17 - appeal, second--plaint, amendment of, whether can be allowed. - .....it can be raised in second appeal for the first time. the appeal is dismissed with costs.newbould, j.2. i.....
Judgment:

Fletcher, J.

1. This is an appeal by the Plaintiff from a decision of the learned District Judge of Murshidabad, dated the 16th February 1915, affirming the decision of the learned Subordinate Judge of the same place. The only question that has been argued in the present appeal is this. In the lower Courts, the plaintiff argued that his suit was properly framed and presented to the Court; but at the hearings before us the learned Counsel who has argued the case for the the plaintiff has admitted that the suit was brought in a wrong form and he has argued that the plaintiff ought to have leave to amend his plaint so as to put the suit on a proper basis. That application is much too late and put forward now for the first time, and I am not sure that it can be raised in second appeal for the first time. The appeal is dismissed with costs.

Newbould, J.

2. I agree.


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