This single-judge order in a civil revision petition dismissed the appeal against a trial court order that rejected an amendment application for adding a prayer for declaration, finding no error or irregularity. The revision was held devoid of merits.
Civil Revision Petition dismissed. No costs.
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.
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.03.2017
CORAM
THE HONOURABLE THIRU JUSTICE M. DURAISWAMY
C.R.P.(PD) No.591 of 2017
N.Jayamurugan ... Petitioner
v.
1.R.Dhanalakshmi 2.Minor Swathi 3.Minor Tharani Minor Respondents 2 and 3 are Eep. by their father & Natural Guardian M.Ramachandran ... Respondents
Civil Revision Petition filed under section 115 of the Civil Procedure Code against the fair and decreetal order dated 30.11.2016 passed in I.A.No.868 of 2015 in O.S.No.400 of 2010 on the file of
For Petitioner : Mr.K.M.Balaji
2
O R D E R
Challenging the fair and final order passed in I.A.No.868 of 2015 in O.S.No.400 of 2010 on the file of Sub Court at Tambaram, Kancheepuram District, the plaintiff has filed the above Civil Revision Petition.
2014 (1) LW 47 [I.S.Sikandar (D) by LRs v. K.Subamani and others]
he should have sought for declaration to declare the cancellation deed executed by the defendant as null and void and therefore, the plaintiff has sought for incorporating the prayer for declaration.
stating that the prayer sought for in the amendment application is barred by limitation. Further, the defendant had contended that in Ex.A12, notice sent to her, it is stated that the petitioner did not accept the unilateral cancellation of the agreement. The plaintiff having had prior knowledge about the cancellation of the suit agreement, he should have filed the suit for declaration
3
at the first instance itself. The plaintiff had waited for 9 years for filing of the present application seeking for amendment of the plaint. That apart, in the cause of action paragraph, the plaintiff has not stated anything about the cancellation of the agreement. Without reference to any cause of action mentioned in the suit, the prayer to declare the cancellation deed as null and void cannot be granted.
07.03.2017
Index : No
Rj
To
The Subordinate Judge, Tambaram, Kancheepuram District.
4
M. DURAISWAMY,J.,
Rj
C.R.P.(NPD) No.591 of 2017
07.03.2017
2 issues framed by the court
Whether the amendment application for adding a prayer for declaration was barred by limitation.
Whether the trial court committed error in dismissing the amendment application.
1 provisions across 1 enactments
N.Jayamurugan
M.Ramachandran
M. Duraismuswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
