G. NAGAMMA AND ANR. versus SIROMENAMMA AND ANR.

G. NAGAMMA AND ANR. versus SIROMENAMMA AND ANR.

Amendment of plaint seeking alternative relief for redemption is permissible as neither cause of action nor relief is materially affected; plaintiffs may plead inconsistent and alternative reliefs.

Parties
Appellant: G. Nagamma; Respondent: Siromenamma
Jurisdiction
India
Judgment Date
27 November 1995
Procedural Posture
Civil Appeal / Appeal Against High Court Order
Outcome
Appeal allowed
Legal Topics
Amendment of Plaint, Specific Performance, Alternative Relief, Mortgage by Conditional Sale
Civil Procedure Amendment of Plaint Specific Performance Alternative Relief Mortgage by Conditional Sale

Case Brief

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Parties

G. Nagamma

Appellant

Siromenamma

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order

Legal Issues

  1. 1 Whether amendment of plaint to claim alternative relief for redemption of mortgage is permissible in a suit for specific performance of agreement for reconveyance.

Ratio Decidendi

Amendment of plaint seeking alternative relief for redemption is permissible as neither cause of action nor relief is materially affected; plaintiffs may plead inconsistent and alternative reliefs.

Court Disposition

Appeal allowed

Orders

  • Appellants shall file amended plaint.
  • Respondents may file additional written statement raising all defences.