In a plea for revision, the Madurai bench held that a dismissal of an amendment application to correct a directional typo in a property description was liable to be interfered with where the ground for amendment still subsisted.
The order dismissing the amendment application was set aside. Connected miscellaneous petition closed.
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.54 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.08.2023
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.R.P(MD)No.54 of 2019 and C.M.P(MD)No.271 of 2019
Bhovas Through his Power Agent, Jebasingh
...Petitioner/Petitioner/ Plaintiff
Vs.
Johndurai
...Respondent/Respondent/ Defendant
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 27.06.2018 passed in I.A.No.354 of 2017 in O.S.No.117 of 2012 on the file of the District Munsif Court cum Judicial Magistrate, Orathanadu.
For Petitioner : Mr.M.P.Senthil
For Respondent : Mr.M.Punitha Deva Kumar
ORDER
This civil revision petition has been filed against the order passed by the District Munsif Court cum Judicial Magistrate, Orathanadu in I.A.No.354 of 2017 in O.S.No.117 of 2012 dated 27.06.2018.
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recovery of possession in respect of two schedule properties. Wherein, the petitioner wanted to amend the B Schedule property on the ground that, by inadvertent typographical mistake instead of "southwest" in the B schedule property, it has been wrongly mentioned as "northeast". While filing the application, the petitioner has urged the ground that even in the commission application, the lie of the B schedule property shown as southwest. Therefore, they have filed an amendment application to amend the B schedule property.
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by allowing this civil revision petition.
costs. Consequently, connected miscellaneous petition is closed.
02.08.2023
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.54 of 2019
C.KUMARAPPAN,J.
SN
C.R.P(MD)No.54 of 2019
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1 issue framed by the court
Whether the high court can interfere with an order dismissing a pre-trial amendment application to correct a typo in a schedule property description.
Bhovas
Johndurai
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
