This revision petition challenged the dismissal of an application to amend a plaint for more damages. The Madurai Bench held that relying on a later Commissioner's report to claim additional deficit area, after a 12-year delay and without amending the property schedule, lacked merit and dismissed the petition.
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C.R.P(MD)No.288 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2023
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(MD)No.288 of 2023 and C.M.P(MD)No.1385 of 2023
R.Bharathi ... Petitioner/ Petitioner/Plaintiff Vs.
1.Janab Mohammed Salavudeen 2.Janab A.Jahir Hussain ... Respondents/ Respondents/Defendants
PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records in pertaining to the order and decreetal order dated 04-11-2022 passed in I.A.No.117 of 2022 in O.S.No.353 of 2010 on the file of the Additional Sub Court, Thanjavur and set aside the the same by allowing the present Civil Revision Petition.
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C.R.P(MD)No.288 of 2023
For Petitioner : Mr.R.Rajaraman
ORDER
The plaintiff is the revision petitioner.
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C.R.P(MD)No.288 of 2023
I.A.No.117 of 2022 to amend the plaint to seek more damages from the defendants. A perusal of the amendment application clearly indicates that the plaintiff would like to amend the body of the plaint and the prayer of the plaint without amending the schedule of property, details of valuation or payment of excess court fee. That apart, the Commissioner has filed a report on 04.06.2019 and no proper reasons have been assigned for filing the present application after a period of 3 years.
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C.R.P(MD)No.288 of 2023
revision petition. Hence, this Civil Revision Petition stands dismissed.
No costs. Consequently, connected Civil Miscellaneous Petition is closed.
08.02.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No
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To
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C.R.P(MD)No.288 of 2023
R.VIJAYAKUMAR ,J.
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Order made in C.R.P(MD)No.288 of 2023
08.02.2023
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3 issues framed by the court
Whether the plaintiff can amend the plaint to seek additional damages based on a new deficit area found in a Commissioner's report filed 12 years after the suit.
Whether the long delay and lack of a proper schedule amendment justifies allowing an amendment under Order 6 Rule 17 CPC.
Whether the revision petition challenging the dismissal of the amendment application has merit.
2 provisions across 2 enactments
R. Bharathi
Janab Mohammed Salavudeen
Janab A. Jahir Hussain
R. Vijayakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
