The Madras High Court dismissed the Civil Revision Petition filed against the Trial Court's order declining an amendment application for mandatory injunction due to limitation bar.
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.
C.R.P(MD)No.1266 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.07.2023
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.R.P(MD)No.1266 of 2018 and C.M.P(MD)No.5335 of 2018
P.Paul ...Revision Petitioner/ Petitioner/Plaintiff
Vs.
Backiyam (Died)
Shanmugam (Died)
1.Murugesan
2.Muthuraj
3.Velammal ...Respondents/Respondents/ Defendants
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the records pertaining to the order passed by the learned District Munsif Court, Vilathikulam, Tuticorin District in I.A.No.112 of 2016 in O.S.No.44 of 2010 dated 06.04.2018 and set aside the same as illegal.
For Petitioner : Mr.C.M.Arumugam
For Respondents : No Appearance
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C.R.P(MD)No.1266 of 2018
ORDER
This civil revision petition has been filed against the order passed
by the District Munsif Court, Vilathikulam, Tuticorin District in I.A.No. 112 of 2016 in O.S.No.44 of 2010, dated 06.04.2018.
the amendment application on the ground that the amendment sought for is hit by the limitation.
amendment sought for is in respect of removal of encroachment and for https://www.mhc.tn.gov.in/judis
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C.R.P(MD)No.1266 of 2018
possession. He would further submit that dismissal order by the Trial Court on the ground of limitation is not a proper course as the issue of limitation is a question of fact and law. Therefore, he prayed to allow this civil revision petition.
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C.R.P(MD)No.1266 of 2018
20.08.2011. Therefore, the long delay of more than 3 years taken by the petitioner to file the amendment application would make the petitioner not entitled for the relief of amendment in the plaint on the ground of limitation.
costs. Consequently, connected miscellaneous petition is closed.
12.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn
To
2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.R.P(MD)No.1266 of 2018
C.KUMARAPPAN,J.
SN
C.R.P(MD)No.1266 of 2018
12.07.2023
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1 issue framed by the court
Whether the dismissal of the amendment application for mandatory injunction due to limitation bar is sustainable in a civil revision under Article 227 of the Constitution.
P.Paul
Backiyam (Died)
Shanmugam (Died)
1.Murugesan
2.Muthuraj
3.Velammal
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
