KALIAMMAL Vs. G N RAMASWAMI GOUNDAR

JUDGEMENT

(1.) THIS is a petition by one Kalkammal, the defendant in O. S. No. 395 of 1952 on the file of the Sub-Court, Coimbatore, against the order of the learned Subordinate judge in I. A. No. 515 of 1955 allowing the fond plaintiff, the respondent herein, to amend the plaint drastically on attaining majority, on the ground that the amendments involved only questions of law, and were, in his opinion, fit to be allowed.

(2.) I have perused the entire records arid heard the learned counsel on both sides. Mr. Rajaraman learned counsel for the petitioner, urged that even questions of law not raised in the original plaint should not be allowed to be raised by way of amendment, if they would totally change the cause of action, or subvert the frame of the original plaint, or set up contentions which were already known to the parties at the time of filing the original plaint but were not set up then.

(3.) A Bench of this Court, to Which I too was a party, has recently held that such right of a minor extends even to execution proceedings and appeals, and indeed even to the negligence of a guardian in not filing on appeal where one was obviously called for. So it is clear that a minor plaintiff, when he attains majority, must be given an opportunity of making even drastic amendments to a plaint according to what he considers ought to have been the correct and relevant allegations, for, at the moment when he attains majority, he takes the responsibility for his actions.