The High Court of Madras dismissed an application seeking to amend a prior judgment and decree. The court refused to alter the wording to include a liberty to file a fresh suit after the original withdrawal application was dismissed without such permission granted.
The application seeking amendment of the judgment to allow a fresh suit was rejected.
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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IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 09TH DAY OF OCTOBER 2017 THE HON'BLE MR. JUSTICE R.SUBRAMANIAN A.NO.792 OF 2017 IN C.S. No.681 of 2006 Tmt.Anantha Nayagi @ Rani W/o. Mr.Chandra Sekar, Balaraman Garden Salai, Parthasarathy Nagar, Manapakkam, Chennai - 600 116. ...Applicant/Plaintiff -Versus-
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...Respondents/Defendants
A.NO.792 OF 2017:
Application praying that this Hon'ble Court be pleased to amend the judgment and decree as ''dismiss the above suit as withdrawn with liberty to file a fresh suit instead of dismiss as withdrawn'' in the above case in Cs 681 of 2006 dated 07-11/2014.
This Application coming on this day before this court for hearing the court made the following order:
This application has been filed seeking amendment of judgment and decree made in C.S.No.681 of 2006 dated 07.11.2014. A perusal of the case papers discloses that the A.No.5673 of 2014, which was filed by the present applicants seeking permission to withdraw the suit with liberty to file a fresh suit in the same cause of action was dismissed as withdrawn on 07.11.2014. On the same day, an endorsement has been made by the learned counsel for the plaintiff in the original plaint seeking permission to withdraw the suit. Recording the same, the suit has also been dismissed as withdrawn. Hence, no permission was granted to file a fresh suit.
the above suit as withdrawn with liberty to file fresh suit” instead of “dismissed as withdrawn” cannot be granted.
09.10.2017
//Certified to be a true copy//
Dated this the th day of 2017.
EM/20.10.2017 COURT OFFICER
From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.
1 issue framed by the court
Whether an application to amend a judgment dismissing a suit as withdrawn can be allowed to insert a liberty to file a fresh suit when the original withdrawal was dismissed without such liberty.
Tmt.Anantha Nayagi @ Rani W/o. Mr.Chandra Sekar
Mr.Krishna Kumar
Mrs.Sujatha
Mrs.Pushpa
Mrs.Lalitha
Mrs.P.Thilagavathy
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
