Rajeswari v. Ramaswamy
Case brief
What is this about?
High Court allowed Civil Revision Petition setting aside District Munsif's dismissal of amendment plaint. Amendment permitted but relates back only to Interlocutory Application date due to unexplained petitioner delay.
What did the court decide?
Civil Revision Petition allowed; Interlocutory Application and suit amendment directed to relate back only to date of Interlocutory Application; proceedings remanded for completion within three months
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.07.2018 CORAM THE HONOURABLE MS. JUSTICE P.T.ASHA C.R.P (PD).No.593 of 2004 and C.M.P.No.5920 of 2004
Rajeswari ...Petitioner /Plaintiff
Vs
1.Ramasamy 2.Thambi Gounder 3.Maragatham ...Respondents/Defendants
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order made in I.A.No.2136 of 2003 in O.S.No.517 of 1998 by the Principal District Munsif Court, Coimbatore, dated 13.01.2004.
For Petitioner : Mr.K.F.Manavalan
For Respondents : Mr.B.Nedunchezhiyan for R1 & R2 Not ready in notice for R3
ORDER
The Civil Revision Petition arises against the dismissal of an application filed for amending the plaint in I.A.No.2136 of 2003 in O.S.No.517 of 1998 filed before the learned Principal District Munsif Court, Coimbatore. The suit was originally filed by the petitioner seeking permanent injunction restraining the respondents from obstructing the petitioner and her men for putting up construction in the suit property by means of a permanent injunction and from interfering with the petitioner possession and enjoyment of the suit property. The petitioner had also taken steps to appoint an Advocate Commissioner. The respondent had filed a written statement in which apart from denying the claim of the petitioner, they had put forth a defence that they have never obstructed the petitioner from constructing in her property.
Issues for consideration
3 issues framed by the court
WhetherCivil Revision Petition challenging dismissal of amendment application for plaint be allowed
Whether amendment to plaint altering cause of action relates back to date of suit filing or date of application
Whether delay in filing amendment application bars the grant of relief
Parties & counsel
- petitioner
Rajeswari
- respondent
Ramasamy
- respondent
Thambi Gounder
- respondent
Maragatham
Coram
Case details
As recorded by the court registry
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