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(1954) 2 MLJ 141 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. Mack and Krishnaswami Nayudu, JJ.
Case Number(s) : Appeal No.290 of 1950 and C M. P. Nos. 7388 and 8313 of 1953.
Judgement Date :
Thursday 10th of September 1953
| Balasundara Mudaliar | .....Appellant(s) | | Versus |  | | Muthuvenkatachala Mudaliar (died) and others | .....Respondent(s) |
Practice — Suit for partition and specific performance of agreement to convey — Misjoinder of causes of action — Belated application for amendment of plaint to treat a sale and an independent agreement to reconvey as a mortgage-by conditional sale — Amendment not permitted as involving new case — Whether time is essence of a contract in the case of a sale and an independent agreement to reconvey.

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