A split bench allowed the withdrawal of a civil revision petition assailing the dismissal of an application to amend plaint for title declaration, permitting a fresh petition if the dismissed suit is restored.
Civil Revision Petition dismissed as withdrawn with liberty to file a fresh CRP assailing the order if the suit is restored.
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
DATED: 03.04.2017
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
CRP(PD)No. 1042 of 2017 and
CMP.No.5061 of 2017
Versus
PRAYER: Petition filed under Article 227 of the Constitution of India against the Order and Decreetal Order dated 04.07.2016 passed by the Learned District Munisif at Madurantakkam, Kanchipuram District, dismissing I.A. No. 93/2015 in O.S.No.99 of 2013.
For Petitioner
Mr. N. Nagu Sah
O R D E R
Plaintiffs in the trial court ( 5 plaintiffs) are the revision petitioners before this court.
entering appearance have filed a written statement disputing their title and
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therefore they took out an application for amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure, 1908, (herein after referred to as 'CPC' for the sake of brevity) for amending the plaint so as to include a prayer for declaration of title also, but this application was dismissed by the trial court primarily on the ground that it changes the suit cause of action.
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Civil Revision Petition is dismissed as withdrawn with leave as above. No costs. Connected miscellaneous petition is closed.
03.04.2017
Speaking / Non-speaking order Index : Yes/No gv/sai
To
The Learned District Munsif Judge, Madurantakkam, Kanchipuram District.
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M. SUNDAR, J., gv
CRP(PD) No. 1042 of 2017 and
CMP.No.5061 of 2017
03.04.2017
2 issues framed by the court
Whether the civil revision petitioners can withdraw the present CRP with liberty to file a fresh one if the underlying suit is restored.
Whether the dismissal of the suit for default precludes the revision petitioners from challenging the amendment dismissal in the present CRP.
3 provisions across 2 enactments
Jogara Beivi @ Pathimuthu and others
Selvakumar and Duraikannu
M. Sundar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
