Allowed¶44

Mrs. Rajini Balakrishnan v. K.Madhavan Naidu (Decd.)

Madras HC11 Sept 2025A/3674/2025

Case brief

AI extract

What is this about?

Amendment of plaint; Order VI Rule 17 CPC; Section 151 CPC; Order XIV Rule 8 Original Side Rules; belated amendment sought after completion of DW1's cross-examination; compensation received by second defendant/DW1 for suit properties acquired by Indian Oil Corporation and Chennai Metro Rail Limited (CMRL); plaintiffs' share of rights in compensation; objection of denova trial and raising new issues at later stage; change of nature of suit test; liberty to file additional statements; amended plaint within two weeks; Madras High Court Original Side; C.S. No. 474 of 2013; no costs.

What did the court decide?

Application for amendment of plaint allowed with no costs; amended plaint copy to be filed within a period of two weeks; respondents at liberty to file additional statements after the amendments are carried out. ¶44

Mrs. Rajini Balakrishnan Vs K.Madhavan Naidu (Decd.) — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicants/plaintiffs may be permitted to amend the plaint in C.S. No. 474 of 2013 to include their share of rights in the compensation received by the second defendant (DW1) for suit properties acquired for laying pipelines. +1 more

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Court's answer

In the interest of justice, the applicants are permitted to amend the plaint in accordance with the particulars of amendment shown in the Judges Summons.

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Ratio / Principle

Permitting the amendment would neither change the nature of the suit nor result in a denova trial, because the matter in issue revolves only around the applicants' entitlement over the suit schedule properties and the element of compensation.

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Key takeaways

If the applicants establish their entitlement to a share in the acquired suit properties, the sharers will also be entitled to compensation.ratio¶34

Detailed headnote1 paragraphs

Madras High Court (Dr. Justice R.N. Manjula) allowed A. No. 3674 of 2025 in C.S. No. 474 of 2013, an application under Order XIV Rule 8 of the Original Side Rules read with Order VI Rule 17 and Section 151 CPC, permitting the plaintiffs to amend the plaint to include their share of rights in the compensation received by the second defendant (DW1) for suit properties acquired for laying pipelines by the Indian Oil Corporation and the Chennai Metro Rail Limited. The court held that the applicants learnt of the acquisitions and the compensation only after DW1's cross-examination; since the matter in issue revolved only around entitlement to the suit schedule properties and the element of compensation, the amendment would neither change the nature of the suit nor result in a denova trial, rejecting the respondents' objection. The respondents were left at liberty to file additional statements, the amended plaint was to be filed within two weeks, and there was no order as to costs.

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A. No. 3674 of 2025 in C.S. No.474 of 2013 and C.S. No.474 of 2013

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.09.2025

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CORAM

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THE HONOURABLE Dr. JUSTICE R.N.MANJULA

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A. No. 3674 of 2025 in C.S. No.474 of 2013 and C.S. No.474 of 2013

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1.Rajini Balakrishnan 2.V.Revathi 3.Rama Gunasekaran

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...Applicants

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Vs.

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K.Madhavan Naidu (deceased)

2.K.Radhadevi

3.K.Ramesh

4.K.Shakila

5.K.Ramya

6.K.Rithish ...Respondents

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Prayer : These applications have been filed under Order XIV Rule 8 of the Original Side Rules read with Order VI Rule 17 and Section 151 of the Code of Civil Procedure, 1908, praying to permit the applicants/ plaintiffs to amend the plaint in C.S. No. 474 of 2013 as detailed in the Judges Summons.

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For applicants : M/s.Auxila Peter

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O R D E R

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Page 1 of 5

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

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A. No. 3674 of 2025 in C.S. No.474 of 2013 and C.S. No.474 of 2013

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The applicants /plaintiffs have filed this application to amend the

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plaint as the particulars of the amendment shown in the Judges Summons.

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2. The learned counsel for the applicants submitted that during the cross-examination of the DW1, he had deposed that some of the suit properties have been acquired for the purpose of laying pipeline by the Indian Oil Corporation as well as by the CMRL and for which, he has received the compensation.

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3. As the applicants came to know about the same only after the cross-examination of the DW1 was completed, now the applicants intend to amend the prayer and particulars of the properties by including their share of rights in the compensation received by the 2^nd defendant in the suit, who has been examined as DW1.

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4. However, the learned counsel for the respondents vehemently objected that this would cause a denova trial and the issues ought to have been raised at the time when the suit was instituted cannot be raised at

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Page 2 of 5

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

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A. No. 3674 of 2025 in C.S. No.474 of 2013 and C.S. No.474 of 2013

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later stage.

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5. The submission of the applicants is that they came to know about

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the acquisition of some of the suit properties by the Chennai Metro Rail Limited and the Indian Oil Corporation by awarding compensation only after DW1 had spoken about the same. They have also learnt that the compensation amount awarded and the same has also been received only by DW1.

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6. In case the applicants could establish their entitlement of share in

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the suit properties, which were acquired, then the sharers will also be entitled to compensation.

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7. As the matter in issue revolves only with regard to their entitlement over the suit schedule properties and the element of compensation, I do not feel that it will change the nature of the suit or would result in conducting a denova trial.

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Page 3 of 5

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

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A. No. 3674 of 2025 in C.S. No.474 of 2013 and C.S. No.474 of 2013

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8. In the interest of justice, the applicants are permitted to amend the

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