Case Summary
K V Jayachandran is the plaintiff seeking to amend the plaint for a mandatory injunction against the Indian National Congress regarding property rights. The defendant opposes the amendment stating it changes the nature of the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permission to carry out the amendment as sought for within 14 days
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The amendment is necessary for effective adjudication of the suit on merits and for determining the real questions in controversy between the parties.
The amendment is necessary for effective adjudication of the suit on merits and for determining the real questions in controversy between the parties.
Judgment Evidence:
In the result 1) The above petition is allowed. Plaintiff is permitted to carry out the amendment as sought for within 14 days.
Parties Involved
Plaintiffs
K V Jayachandran (62 years years)
Kuttanappilly House, Vennala P O, Pin- 682028, Edappally South Village, Kanayannur Taluk
Defendants
Indian National Congress Known as Congress-I (Age not specified years)
Vennala Mandalam Committee, Indira Priyadarshini Centre, Vennala P O, Kochi- 682028, Edappally South Village, Kanayannur Thaluk
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Petitioner is permitted to carry out the amendment as sought for within 14 days.
Evidence:
I am satisfied the above petition is liable to be allowed.
Relief Type:
Prohibitory Injunction
Outcome:
Not Decided
Description:
Petitioner seeks a further prohibitory injunction restraining the defendant from trespassing into or interfering with the petitioner’s possession.
Evidence:
The petitioner seeks to amend the plaint to incorporate a prayer for mandatory injunction...