Case Summary
Jaihind Steel Private Limited filed a petition for amending the plaint in a suit for realization of money. The amendment was sought due to the transformation of a partnership into a private limited company during the suit's pendency.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is permitted to amend the plaint as prayed.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for amendment of the plaint, permitting Jaihind Steel Private Limited to amend its pleadings as requested.
Why Plaintiff Won:
The amendment sought for does not change the nature and character of the suit.
The amendment sought for does not change the nature and character of the suit.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
This court is satisfied that for the fair disposal of the case, the above said amendment should be permitted to be incorporated.
Judgment Evidence:
In the result, 1) Petition is allowed. 2) Plaintiff is permitted to amend the plaint as prayed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jaihind Steel Private Limited
- Party Role
- Defendant
- Party Name
- Padipurakkal Hardware
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mr. Babu Kurian
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Memorandum of association, application for registration before registrar of company, certificate of incorporation
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Babu Cherukara
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sevi Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P A Salim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K K Jayaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V C Sabu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajeevan Kurukkuttiyullathil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is permitted to amend the plaint as prayed.
Evidence:
In light of the above discussion, this court is satisfied that for the fair disposal of the case, the above said amendment should be permitted to be incorporated.
Documents & Evidence
Document Type:
Memorandum of Association, Application for Registration, Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
Produced to support the amendment of the plaint after the transformation of the partnership firm into a private limited company.
Reference:
Ext.A1 to A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
O.S.NO.
Case Code Year
2019