Ifci Financial Services Ltd. v. Mrs.Chandra Ramesh And Another

A. No. 8717 of 2019 A. No. 8717 of 2019 in C.S.No.174 of 2015 SENTHILKUMAR RAMAMOORTHY, J.

This application is filed to recast the issues framed in the above suit on 05.09.2018.

2. I heard the learned counsel for the applicant and the learned counsel for the respondents.

3. The learned counsel for the applicant submits that while framing the issues earlier, issues relating to the maintainability of the suit, mis-joinder of cause of action and mis-joinder of parties and limitation were not taken into consideration and that therefore, the present application is filed.

4. The learned counsel for the respondents submits that he has no objection to the recasting of issues.

5. Upon consideration of the submissions of the learned counsel and on examining the pleadings and the issues framed previously, I am of the view that this application is liable to be http://www.judis.nic.in 1/2

A. No. 8717 of 2019 SENTHILKUMAR RAMAMOORTHY, J.

bga allowed so as to include the issues relating to maintainability, misjoinder and limitation. Therefore, this application is allowed and the following additional issues are framed:

(1)Whether the suit as framed is maintainable in law?

(2)Whether the suit is bad for mis-joinder of cause of action and mis-joinder of parties?

(3)Whether the suit claim is barred by limitation?

6. Post before the learned Additional Master-IV on 22.01.2020 for continuation of evidence.

06.01.2020 bga A. No. 8717 of 2019 in C.S.No.174 of 2015 http://www.judis.nic.in 2/2