Allowed

J.R.K. Anandharamanna v. Msm Theater

Madras HC22 Dec 2023CRP/864/2023

Case brief

AI extract

What is this about?

The High Court of Madras permitted an amendment of the cause title under Order VI Rule 17 CPC in a civil suit. The court set aside the trial judge's dismissal of the application, holding that the amendment would not alter the case's character and avoiding hardship to the petitioner.

What did the court decide?

The impugned order setting aside the amendment application was quashed; the application for amendment of the cause title in O.S.No.1503 of 2020 is allowed.

J.R.K. Anandharamanna Vs Msm Theater — Contract and Commercial Disputes | Madras HC (2023)

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CRP No.864 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 22.12.2023

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CORAM :

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THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI

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Civil Revision Petition No.864 of 2023

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and C.M.P. No. 6460 of 2023

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J.R.K. Anandharamanna ... Petitioner

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Versus

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MSM Theater Rep. by its Proprietor, Mr.M.Thavamani No. 5, Pillaiyar Koil Street, Tondiarpet, Chennai – 81. ...Respondent

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Civil Revision Petition filed Under Article 227 of Constitution of India, praying to set aside the order passed in I.A.No. 6 of 2023 in O.S.No. 1503 of 2020 dated 17.02.2023 by the XIX Asst. City Civil Judge, Chennai.

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For Petitioner : Mr. P.Chandrasekar

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O R D E R

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The petitioner has filed this revision petition to set aside the order passed

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in I.A.No. 6 of 2023 in O.S.No. 1503 of 2020 dated 17.02.2023 by the XIX Asst. City Civil Judge, Chennai.

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https://www.mhc.tn.gov.in/judis

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CRP No.864 of 2023

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Heard, Mr. P.Chandrasekar, learned counsel for the petitioner and perused the materials available on record.

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Before the trial Court the petitioner has filed I.A.No.6 of 2023 in O.S.No.1503 of 2020 under Order VI Rule 17 of CPC for amendment, before the learned XIX Assistant Judge, City Civil Court, Chennai and the same was dismissed by the learned trial Judge. The learned counsel for the petitioner submitted that the defendant has filed similar application for amendment in I.A.No.2 of 2021, for the same relief and the same was dismissed along with other applications. The defendant remained ex-parte. Thereafter, on filing of an application, the Ex-parte order was set aside.

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Now the case is ripe for trial and the respondent has filed his written statement. If the cause title is not amended, it will be put to much hardship to the petitioner to proceed with the case subsequently.

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Considering the facts and circumstances, and that the amendment of the cause title would not change the character of the case. Therefore, the findings rendered by the learned trial Judge is set aside. IA is allowed.

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https://www.mhc.tn.gov.in/judis

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CRP No.864 of 2023

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Accordingly, this Civil Revision Petition is allowed. Consequently,

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connected miscellaneous petition is closed. No costs.

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22.12.2023

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Index : Yes/No Speaking/Non Speaking order Neutral Citation:Yes/No

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rri

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The XIX Asst. City Civil Judge, Chennai.

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2.The Section Officer, VR-Section, High Court of Madras.

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https://www.mhc.tn.gov.in/judis

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CRP No.864 of 2023

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T.V.THAMILSELVI, J.

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rri

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Civil Revision Petition No.864 of 2023 and C.M.P. No. 6460 of 2023

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22.12.2023

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https://www.mhc.tn.gov.in/judis

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J.R.K. Anandharamanna v. Msm Theater

Case brief

What is this about?

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J.R.K. Anandharamanna v. Msm Theater

Case brief

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