1965 (8) TMI 94 - SC - Indian Laws

Summary

Issues:
1. Interpretation of the suit as a partition case rather than a severance of joint family status.
2. Allowance of the amendment to the plaint by the High Court.

Analysis:

Issue 1: Interpretation of the suit
The primary issue in this case was whether the suit filed by the plaintiff was correctly interpreted by the High Court. The defendants argued that the suit was for severance of joint family status, requiring the consent of the father, based on a previous Full Bench decision. However, the High Court held that the suit was merely for partition by metes and bounds. The Supreme Court analyzed the language of the plaint, particularly paragraph 3, which indicated a clear intention for partition rather than severance. The plaintiff's assertions about the separation of branches and the distribution of properties supported the interpretation that the suit was for partition. The Court emphasized the importance of considering the entire context of the plaint and concluded that the High Court's interpretation was correct.

Issue 2: Allowance of the amendment
The second issue revolved around the High Court's decision to allow the plaintiff's amendment to the plaint. The defendants contended that this amendment would change the nature of the suit from severance to partition, which would be inconsistent. However, the Supreme Court disagreed with this argument. It held that the inclusion of certain words in the plaint was due to inadvertence and mistake, justifying the amendment under Order 6, Rule 17 of the Civil Procedure Code. The Court emphasized the principle of avoiding multiplicity of suits and cited a previous case where an amendment was allowed to prevent the need for a fresh suit. Additionally, the Court noted that the amendment did not involve any limitation issues, further supporting the decision to permit it. Therefore, the Supreme Court upheld the High Court's decision to allow the amendment and remand the suit for a fresh hearing.

In conclusion, the Supreme Court dismissed the appeal, affirming the High Court's judgment on both issues. The Court clarified that it was not expressing any opinion on the correctness or applicability of the previous Full Bench decision cited during the case.