Civil Revision Petition filed under Article 226/227 seeking to quash an order allowing amendment of plaint schedule. Court found no fault with lower court allowing amendment as materials for title existed, declining interference.
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.
1
IN THE HIGH COURT OF JUDICATURE OF MADRAS
DATED: 09.01.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH
C.R.P. (PD) No. 313 of 2015
and
M.P. No. 1 of 2015
Thangamuthu ...Petitioner
Vs
Padmavathy ...Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the Judgement and Decree passed in I.A.No.274 of 2014 in O.S.No.94 of 2013 dated 07.10.2014 pending on the file of the learned District Munsif cum Judicial Magistrate Court, Kodumudi.
For Petitioner : Mr.N.Umapathi For Respondent : Mr.S.Kaithamalai Kumaran
O R D E R
The prayer sought for in the present revision petition is to set aside
the Judgement and Decree passed in I.A.No.274 of 2014 in O.S.No.94 of 2013 dated 07.10.2014 pending on the file of the learned District Munsif
cum Judicial Magistrate Court, Kodumudi.
2
as to whether the properties which are sought to be included in the plaint are the properties of the petitioner herein, can be looked into at a later point of time and thereby allowing the application for amendment, cannot be found fault with for the reason that there were sufficient materials
before the Court to establish the title of the properties.
09.01.2019
Index:Yes/No
Speaking order: Yes/No http://www.judis.nic.in
hvk
3
M.S.RAMESH.,J
hvk
C.R.P. (PD) No. 313 of 2015
and
M.P. No. 1 of 2015
09.01.2019
1 issue framed by the court
Whether the trial Court erred in allowing an amendment application to include properties in the plaint schedule without immediate scrutiny of title.
1 provisions across 1 enactments
Thangamuthu
Padmavathy
M.S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
