Mrs.N.Soundaravalli v. M/S.M.M.Homes Pvt. Ltd., And 2 Others

A.No. 3804 of 2023 IN C.S.No. 281 of 2011 C.V.KARTHIKEYAN, J.

This Application has been filed seeking permission to the plaintiff to amend the relief sought in the plaint.

2. The suit had been filed seeking a declaration that the sale deed executed by the defendant is null and void.

3. It is stated that a power of attorney had been executed in favour of the first defendant as an agent and consequent to such power of attorney, it is imperative that the agent renders accounts to the principal. It is contended that this relief had been omitted to be sought in the plaint. It is also contended that in C.S.No. 325 of 2009 which suit had been directed to tried along with the present suit, similar relief had been sought to render accounts by the principal against the agent. Therefore, this particular relief is also sought in the present suit albeit by the plaintiff herein. https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

vsg

4. Taking into consideration that there is no shift in the cause of action and that every agent by law is liable to render accounts to the principal, this Application stands allowed.

5. The learned counsel for the plaintiff is directed to carry out necessary amendment in the relief of the plaint.

6. Registry is directed to examine whether further additional Court fees are to be paid consequent to the amendment carried out and if so may direct the plaintiff to pay necessary Court fees.

Vsg 03.07.2024 (3/6) A.No. 3804 of 2023 IN C.S.No. 281 of 2011 https://www.mhc.tn.gov.in/judis