The Madurai Bench disposed of a civil revision petition where the High Court held that a judgment cannot be amended without first amending the related pleadings to avoid confusion.
Civil Revision disposed of; liberty granted to file application to amend pleadings and correct judgment.
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.
CRP(NPD)(MD)No.2210 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
CRP(NPD)(MD)No.2210 of 2022
Minor Rogan Ashaniya Rep. by his testamentary guardian, Balashanmuganatham ... Petitioner
versus
Selva Saravanakumar ... Respondent
Civil Revision Petition filed under Section 115 of Civil Procedure Code, against the order dated 27.04.2019 passed in I.A.SR.No.16658 in G.W.O.P.No.6 of 2018 on the file of the learned I Additional District Judge, Madurai.
For Petitioner : Mr.G.Ramanathan For Respondent : Mr.C.Padmaraj
ORDER
This Civil Revision is filed against the order dated 27.04.2019
passed in I.A.SR.No.16658 in G.W.O.P.No.6 of 2018 on the file of the
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CRP(NPD)(MD)No.2210 of 2022
learned I Additional District Judge, Madurai.
Judge, Madurai, seeking permission of the Court to sale ½ share of the property, to meet out the educational expenses of the minor and to meet out other expenses. The said petition was allowed by order dated 09.10.2018. Thereafter, the guardian of the minor filed an interlocutory application before the learned I Additional District Judge, Madurai, stating that there are certain typographical errors in the Judgment of the Court. The learned I Additional District Judge, Madurai, by order dated 27.04.2019, rejected the said application that the application is filed to correct the mistakes made in the Judgment, without seeking amendment in the pleadings. Though the Court below held that the amendment is not permissible after the disposal of the petition, however, the Court below, by following the Judgment of this Court, held that the Court is inclined to amend the Judgment, if the
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CRP(NPD)(MD)No.2210 of 2022
pleadings are also amended, otherwise, it would lead to confusion. Aggrieved over the same, the present Civil Revision Petition is filed.
07.11.2022
ogy Index : Yes / No. Internet : Yes / No. To
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CRP(NPD)(MD)No.2210 of 2022
B.PUGALENDHI, J.
ogy
CRP(NPD)(MD)No.2210 of 2022
07.11.2022
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1 issue framed by the court
Whether a judgment can be amended without a corresponding amendment in the pleadings.
1 provisions across 1 enactments
Minor Rogan Ashaniya
Selva Saravanakumar
Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
