GOKA RAMALINGAM versus BODDU ABRAHAM & ANR.
The petitioner's original plea was based on the respondent's own conversion to Christianity, which was not proven; an amendment to claim conversion of respondent's parents cannot be allowed as it changes the case and is belated. The party cannot narrow the issue after failing to prove the original allegation; appeal dismissed.
- Parties
- Appellant: Goka Ramalingam; Respondent No. 1: Boddu Abraham; Respondent No. 2: Devadanam
- Jurisdiction
- India
- Judgment Date
- 27 November 1968
- Procedural Posture
- Civil Appeal / Appeal to Supreme Court
- Outcome
- appeal dismissed
- Legal Topics
- Reserved Seat Eligibility, Scheduled Caste Status, Religion and Caste, Pleading Amendment
Case Brief
Summary, issues, holding and outcome
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Parties
Goka Ramalingam
Appellant
Boddu Abraham
Respondent No. 1
Devadanam
Respondent No. 2
Procedural Posture
Civil Appeal / Appeal to Supreme Court
Legal Issues
- 1 Whether the respondent was eligible to stand for a reserved scheduled caste seat in the Legislative Assembly, given allegations of conversion to Christianity.
- 2 Whether a belated plea regarding conversion of the respondent's parents to Christianity can be entertained.
Ratio Decidendi
The petitioner's original plea was based on the respondent's own conversion to Christianity, which was not proven; an amendment to claim conversion of respondent's parents cannot be allowed as it changes the case and is belated. The party cannot narrow the issue after failing to prove the original allegation; appeal dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- Parties directed to bear their costs throughout.
Full Case Text
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