Case Summary
The petitioner Sarojam seeks to amend her plaint to include her readiness and willingness to perform her part of a sale agreement with the respondent R. S. Gandhi. The defendant argues that the plaintiff was not ready and willing to fulfill her obligations under the contract.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The petitioner is directed to carry out the amendment sought in the petition within seven days from the date of this order.
Case Type
Civil Suit
Final Judgment
No
The petition by the plaintiff Sarojam to amend her plaint has been allowed by the court. The amendment is crucial for the proper disposal of the suit.
Why Plaintiff Won:
The petitioner is entitled to incorporate her pleading regarding readiness and willingness to perform the sale agreement.
The petitioner is entitled to incorporate her pleading regarding readiness and willingness to perform the sale agreement.
Losing Side's Weaknesses:
The petitioner is entitled to incorporate her pleading regarding readiness and willingness to perform the sale agreement.
The petitioner is entitled to incorporate her pleading regarding readiness and willingness to perform the sale agreement.
Supporting Evidence
It is important to note that the suit is one for getting a decree for specific performance of contract entered into between the petitioner and the respondent. Here, even if the present amendment is allowed, no prejudice will be caused to the respondent.
Judgment Evidence:
In the result, petition is allowed as follows: 1. The petitioner is directed to carry out the amendment sought in the petition within seven days from the date of this order. 2. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarojam
- Party Age
- 80
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- R. S. Gandhi
- Party Age
- 74
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. G. Syamkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri K. Rajagopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is directed to carry out the amendment sought in the petition within seven days from the date of this order.
Evidence:
The petitioner is directed to carry out the amendment sought in the petition within seven days from the date of this order.
Relief Type:
Other
Outcome:
Not Decided
Description:
Cost claims were mentioned but no specific order was made.
Evidence:
Hence this point is found accordingly.
Documents & Evidence
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Readiness and willingness to perform contract
Case Code
O.S.
Case Code Year
2022