Mohan v. Annadurai
Case brief
What is this about?
The High Court allowed a civil revision petition challenging a lower court order dismissing a defendant's application to amend a partition plaint to include additional joint family properties, holding defendants can amend plaints in partition suits to ensure effective adjudication.
What did the court decide?
Impugned order dated 01.09.2014 setting aside amendment application was set aside; Civil Revision Petition allowed; liberty granted to petitioners to amend pleadings.
What the court decided
CRP(PD) No.4090 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.08.2019
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
CRP (PD) No.4090 of 2014
and
MP No.1 of 2014
1. Mohan
2. Anbalagan ... Petitioners
versus
1. Annadurai
2. Gopu
3. Tamilarasi
4. Usha Rani
5. Uma .... Respondents
Civil Revision Petition filed under Section 115 of the Civil Procedure Code against the Fair and Decreetal Orders passed in I.A. No.43 of 2013 in O.S. No.94 of 2011, dated 01.09.2014 on the file of the Court of Additional Subordinate Judge, Mayiladuthurai and allow the said I.A.
For Petitioners : Mr.A. Muthukumar For Respondents : Mr.S.Sounthar for R1 R2 to R5 ex-parte before the Court below
1/14
CRP(PD) No.4090 of 2014
Issues for consideration
2 issues framed by the court
Whether a defendant in a partition suit is entitled to file an application to amend the plaint under Order 6 Rule 17 CPC to include additional joint family properties.
Whether the Trial Court erred in dismissing the amendment application on the ground that only the plaintiff can amend the plaint.
Parties & counsel
- petitioner
Mohan
- petitioner
Anbalagan
- respondent
Annadurai
Coram
Case details
As recorded by the court registry
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