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modassir nasim (Querist) 15 August 2010 This query is : Resolved
respected sir,
can a money suit be changed into title suit ?(because to avoid multiplicity of suit and unnecessary delay to the parties)

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Devajyoti Barman (Expert) 15 August 2010
No . The basic principle of amendment of plaint is the amendment sought to be made shall not change the nature of the suit. Rather you can withdraw the suit with leave to sue afresh.

modassir nasim (Querist) 15 August 2010
sir u r correct this is what i know but one of my friend told that it can be done and there is recent judgement on this. thanks 4 ur reply.

s.subramanian (Expert) 16 August 2010
No. it is not posible.

G. ARAVINTHAN (Expert) 16 August 2010
Character of both the suits are different and hence it is not possible

Y V Vishweshwar Rao (Expert) 16 August 2010
I agree with lrd friends ! What is the necessity to convert the money suit in to Title suit ! Details are not mentioned

DEFENSE ADVOCATE.-firmaction@g (Expert) 16 August 2010
If you put your facts properly it is possible to do it.

The best thing is ask for documents / information from other side and based on chaged situation as disclosed ask for amendment.

THE MOST IMP THING IS THERE IS NO LIMITATION THAT HOW MANY TIMES YOU CAN APPLY FOR AMENDMENT OF PLEADINGS.

So try you will suceed. Just rephrase your pleadings.

Rajeev kulshreshtha (Expert) 16 August 2010
No.By the amendment you cannot change the nature of the suit.

modassir nasim (Querist) 16 August 2010
shashikumar ,sir do u have any judgement on this pls send the citation

modassir nasim (Querist) 16 August 2010
shashikumar ,sir if the situations are changed and new facts are in can the amendment be done in such a way that a money suit can be changed into title suit.

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