Saturday, 14 April 2018

Whether it is necessary to obtain leave for amending plaint in representative suit?


MAINTAINABILITY OF MANNATHUR CHURCH SUIT:

180. It was also submitted by Shri Mohan Parasaran, learned senior Counsel that the Mannathur Church matter suit was not maintainable. It was not of a representative character and in view of Order 1 Rule 8 Code of Civil Procedure, fresh leave was not sought when the reliefs were amended and enlarged. We are not satisfied with the submissions raised. The suit was clearly representative in character and has been contested in that manner. It was not necessary to adopt the procedure as suggested after amendment as the amended relief was traceable from the main relief. It was not at all necessary to obtain fresh leave.

 It was not necessary, after amendment of the plaint in Mannathur Church matter, to adopt the procedure once again of representative suit Under Order 1 Rule 8 Code of Civil Procedure. It remained a representative suit and proper procedure has been followed. It was not necessary to obtain fresh leave.
IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 3674, 3681, 3682, 3683, 8790, 8789 of 2015, 
Decided On: 03.07.2017

 K.S. Varghese and Ors. Vs. ST. Peter's and Paul's Syrian Orth. and Ors.


Hon'ble Judges/Coram:
Arun Mishra and Amitava Roy, JJ.
Citation:(2017) 15 SCC 333.
Read full judgment here: Click here

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