Madrasy High Court bench dismissed the civil revision petition. The court held that while the lower court's reasoning on limitation was wrong, the dismissal of the amendment application to declare a Will bad was not interfered with in a suit for permanent injunction.
Civil Revision Petition dismissed. No costs. Connected Miscellaneous Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 12.01.2015 CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
C.R.P(MD)No.21 of 2015 and M.P(MD)No.1 of 2015
Rasammal .. Petitioner/Petitioner/Plaintiff
Vs.
1.V.Subramaniam 2.Rengasamy .. Respondents/Respondents/Defendants
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India against the order passed by the Additional District Munsif, Karur in I.A.No.660 of 2014 in O.s.No.36 of 2010, dated 16.10.2014.
For Petitioner : Mr.A.Haja Mohideen
ORDER
This Civil Revision Petition is directed against the order in dismissing the petition filed under Order 6 Rule 17 of the Code of Civil Procedure, 1908 in I.A.No.660 of 2014 to amend the plaint.
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Sd/-
Assistant Registrar(T & P)
\True copy\
Sub Assistant Registrar
To
The Additional District Munsif,Karur.
+1cc to MR.A.HAJA MOHIDEEN, ADVOCATE SR.NO.1675
C.R.P(MD)No.21 of 2015 and M.P(MD)No.1 of 2015 12.01.2015
PS
NA/16/02/2015/P2/3C
3 issues framed by the court
Whether the impugned order dismissing the application to amend the plaint is liable to be set aside.
Whether the requirement to include title declaration in the plaint is mandatory when seeking permanent injunction.
Whether the limitation plea raised by the court in dismissing the amendment application is correct.
2 provisions across 2 enactments
Rasammal
V.Subramaniam
Rengasamy
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
