Yaheeyakhan v. Rashood

V. LAKSHMINARAYANAN, J.

The relief sought for by the petitioner/appellant is to amend the grounds of appeal. However, on a reading of the affidavit and petition, I am able to perceive that the petitioner wants to amend the plaint.

2. Originally the application was filed under Section 22 of the Specific Relief Act and later on struck-off and Section 153 of the Code of Civil Procedure has been inserted. Section 153 of the Code of Civil Procedure is the general power of amendment.

3. Though the petitioner has sought for to amend the grounds, I treat this as an application to amend the plaint in O.S.No.193 of 2002 on the file of the learned Subordinate Judge at Kallakurichi. The application in CMP.No.3878 of 2024 is ordered. The alternative prayer for the refund of advance amount is granted.

19.02.2024

nl Note: Office is directed to carry out the amendment before issuing a judgment copy in S.A.No.255 of 2013 V. LAKSHMINARAYANAN, J.

nl

19.02.2024