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december 1962

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.

KURAPATI VENKATA MALLAYYAAND ANOTHER vs THONDEPU RAMASWAMI AND CO. AND ANOTHER · Niyam