Case Summary
M/s Angelblues Aviation & Tourism Academy Pvt Ltd. is seeking to amend its plaint to include details about a prior injunction obtained by the defendants in another suit. The defendants argue the amendment is based on a willful suppression of facts.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition to amend the plaint but ruled that the amendment would not relate back to the date of the suit, thereby preserving the defendants' grounds for defense.
Why Plaintiff Won:
The court found that the amendment sought was essential for a proper adjudication of the issues.
The court found that the amendment sought was essential for a proper adjudication of the issues.
Losing Side's Weaknesses:
The court found that the amendment sought was essential for a proper adjudication of the issues.
The court found that the amendment sought was essential for a proper adjudication of the issues.
Supporting Evidence
The proposed amendment does not change the nature or character of the suit and is essential for presenting the full facts before this Hon’ble Court.
Judgment Evidence:
In the result, the petitioner is allowed in part. Carry out amendment within 15 days.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Angelblues Aviation & Tourism Academy Pvt Ltd.
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Bindu Rajan
- Party Age
- 49
- Relation
- D/o late C.K.Rajan
- Party Role
- Defendant
- Party Name
- Aishwaria
- Party Age
- 21
- Relation
- D/o Bindu Rajan
- Party Role
- Defendant
- Party Name
- Thankamani Rajan
- Party Age
- 70
- Relation
- W/o late C.K.Rajan
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Reji George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saisankar S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph Raju Mathews
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.Rajagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sojo J Kallidukkil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.N.Manmadhan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Syam Sankar Panicker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Hima Harikumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Amendment to the plaint was allowed but will not relate back to the date of the suit.
Evidence:
Thus, it is hereby made clear that amendment as sought for is allowed but the same will not relate back to the date of the suit.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between M/s Angelblues Aviation & Tourism Academy Pvt Ltd. vs Bindu Rajan et al regarding amendment of plaint.
Case Code Year
Case between M/s Angelblues Aviation & Tourism Academy Pvt Ltd. vs Bindu Rajan et al regarding amendment of plaint.