GANESH TRADING CO. versus MOJI RAM

GANESH TRADING CO. versus MOJI RAM

In a suit instituted by one of the partners of a dissolved firm, the specification of capacity in which the suit was filed does not change the character of the suit or cause of action. Amendment to supply inadvertently omitted essential fact is permissible if no injustice is caused to the other side, and does not amount to introduction of a new cause of action merely by bringing out this fact.

Parties
Appellant: Ganesh Trading Co.; Respondent: Moji Ram
Jurisdiction
India
Judgment Date
25 January 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave Against Order of Punjab and Haryana High Court in Civil Revision No. 508 of 1975
Outcome
Appeal allowed
Legal Topics
Amendment of Pleadings, Introduction of New Cause of Action, Dissolution of Partnership, Capacity to Sue
Civil Procedure Amendment of Pleadings Introduction of New Cause of Action Dissolution of Partnership Capacity to Sue

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ganesh Trading Co.

Appellant

Moji Ram

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave Against Order of Punjab and Haryana High Court in Civil Revision No. 508 of 1975

Legal Issues

  1. 1 Whether amendment of plaint to include omitted essential fact constitutes introduction of a new cause of action
  2. 2 Whether procedural law permits curing defective pleadings by amendment without injustice to the other side

Ratio Decidendi

In a suit instituted by one of the partners of a dissolved firm, the specification of capacity in which the suit was filed does not change the character of the suit or cause of action. Amendment to supply inadvertently omitted essential fact is permissible if no injustice is caused to the other side, and does not amount to introduction of a new cause of action merely by bringing out this fact.

Court Disposition

Appeal allowed

Orders

  • Orders of High Court and Trial Court set aside
  • Amendment application allowed