Rathna v. Nainiappan
Case brief
What is this about?
Revision allowed setting aside trial Court order dismissing amendment petition under Order VI Rule 17 CPC. HC held rough sketch not authenticated basis for dismissal. Suit property title suit; trial to conclude within eight months.
What did the court decide?
Civil Revision Petition allowed; impugned order in I.A.No.1 of 2021 set aside; CCMP closed; trial to conclude within eight months.
What the court decided
C.R.P.No.1169 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2024
CORAM:
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.R.P.No.1169 of 2023 and C.M.P.No.8093 of 2023
1.Rathna
2.Jothi
3.Shoban
4.Suresh
... Petitioners/Plaintiffs
Vs.
Naniappan ... Respondent / Defendant
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India seeking to set aside the decree and order passed by the Additional Sub-Ordinate Judge, Ponneri dated 22.09.2022 passed in I.A.No.1 of 2021 in O.S.No.284 of 2019.
Issues for consideration
2 issues framed by the court
Whether the trial Court's dismissal of the amendment petition under Order VI Rule 17 CPC on the ground that a survey number was not shown in the rough sketch is correct.
Whether the Civil Revision Petition filed under Article 227 seeking to set aside the trial Court's order is maintainable.
Parties & counsel
- petitioner
Rathna
- petitioner
Jothi
- petitioner
Shoban
- petitioner
Suresh
- respondent
Naniappan
Case details
As recorded by the court registry
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