without taking into consideration the fact that the
plaintiffs are the dominus litis, actually allowed the application to amend the
plaint. It is the paramount ... kernel of
it, would run thus:
The plaintiffs might be the dominus litis and that does not mean that they
can flout the provisions
Thambi Alias Giri vs V.M.Duraisamy on 25 August, 2008
Author: G.Rajasuria
Bench
clearly indicate that the normal rule is that plaintiff being the dominus litis is entitled to draft his plaint in his own way and pray
decreed the suit for specific performance forgetting that the plaintiffs being dominus litis should have proved their case without picking holes in the case
highlight and spotlight the law point that the plaintiff being the dominus litis is bound to prove her case
onus of proof is on the plaintiff, who is dominus litis to establish what he averred in the plaint and his case precisely. During trial
taken into account those crucial facts. The plaintiff being the dominus litis averred the facts and also understanding the burden of proof on him exhibited
denies.
12. No doubt, the plaintiff being the dominus litis could come forward with a case of his own. However he is bound to prove
imagination be taken as subsequent change.
10. The plaintiff being a dominus litis, is enjoined to put forth his case in the plaint. A bare
suit property is under any encroachment. The plaintiff being the dominus litis should prove before the trial Court that the suit property bearing
