R VASUDEVAN PILLAI Vs. K MALATHY AMMA

JUDGEMENT

(1.) A widow is obstructed in diverse ways, in her attempts at getting what is her legitimate due. All that she wanted was a settlement of accounts and recovery of the money that is legitimately due to her on such settlement. The Trial Court dismissed the suit, taking the view that the suit as framed is not maintainable. That view was reversed by the appellate court. The appellate court remanded the matter to the Trial Court, as in its opinion, none of the relevant matters had been considered by the Trial Court, "in its anxiety to find that the suit as framed is not maintainable." A permission was granted even to amend the plaint seeking recovery of a specific amount from the defendant.

(2.) The judgment of the appellate court is in challenge in the appeal.

(3.) There is no reason now, when the area is well illumined by decisions, for the ghost of old forms and rigid views to haunt the courts of law. As to how exceptional circumstances would justify invocation of equity principles has been clearly illustrated by the law laid down by the highest court in the land. Equity jurisprudence is flexible and meets the challenge of new situations without the law; for, as noted in the Current Legal Problems, 1952 Vol. 5, Page 1: