Supreme Court of India · 1962-12-12
KURAPATI VENKATA MALLAYYAAND ANOTHER vs THONDEPU RAMASWAMI AND CO. AND ANOTHER
- Citation / case number
- SC 1960/232
- Court
- Supreme Court of India
- Petitioner
- KURAPATI VENKATA MALLAYYAAND ANOTHER
- Respondent
- THONDEPU RAMASWAMI AND CO. AND ANOTHER
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that a Receiver, appointed by the court, is entitled to institute a suit in his own name for the collection of debts, provided he acts in his capacity as Receiver. The Court affirmed the High Court's ruling that a misdescription of parties in the plaint can be amended at any time, and thus the suit was not time-barred. The concurrent findings of the lower courts on factual matters were upheld, emphasizing that interference is only warranted in exceptional circumstances.