LAWS(MAD)-2012-12-29

VICTORIA EDWARD HALL Vs. P.VIJYAKUMAR

Decided On December 04, 2012
Victoria Edward Hall Appellant
V/S
P.Vijyakumar Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed to get set aside the order and decreetal order dated 18.10.2012 passed in I.A.No.707 of 2012 in O.S.No.980 of 2011 on the file of the learned Additional District Munsif, Madurai Town.

(2.) HEARD both sides.

(3.) THE learned Counsel for the respondents 1 to 9/plaintiffs would put forth and set forth his arguments which could succinctly and briefly be set out thus: The lower Court without taking into consideration the fact that the plaintiffs are the dominus litis, actually allowed the application to amend the plaint. It is the paramount wish and will of the plaintiffs to sue the defendants as per law and it is open for them to take a stand to have the suit as an ordinary suit rather than in a representative capacity even though initially it was filed as a representative suit. The lower Court also accepted that course and actually allowed the the plaintiffs to get the plaint amended as an ordinary suit.