Allowed¶31

R. Subramaniam v. Malliga

Madras HC12 Jun 2025CMP/4222/2023

Case brief

AI extract

What is this about?

Amendment of plaint property description; Order 6 Rule 17 CPC; Order 41 Rule 2 CPC; additional grounds in first appeal; omission of 15 tiled houses from plaint schedule by oversight; Paragraph No.8 of plaint; O.S.No. 227 of 2014, III Additional District Judge, Salem; A.S.No. 115 of 2018; Madras High Court; R. Sakthivel, J.; respondents' counter not filed; petitions allowed on affidavit satisfaction.

What did the court decide?

Both civil miscellaneous petitions allowed: (i) under Order 6 Rule 17 CPC, leave to amend the plaint property description in O.S.No. 227 of 2014 (III Additional District Judge, Salem) by inserting, in line 13, the specified words referring to 15 tiled houses and two other houses; and (ii) under Order 41 Rule 2 CPC, leave to raise additional grounds in A.S.No. 115 of 2018. ¶31

R. Subramaniam Vs Malliga — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners should be permitted, under Order 6 Rule 17 CPC, to amend the description of the property in the plaint in O.S.No. 227 of 2014 by inserting, in line 13, words referring to 15 tiled houses and two further houses omitted from the plaint schedule. +1 more

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Court's answer

CMP.No. 4222 of 2023 is allowed: the Court, being satisfied with the reasons stated in the supporting affidavit, permits the petitioners to amend the plaint property description in O.S.No. 227 of 2014.

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Ratio / Principle

CMP.No. 4223 of 2023 is allowed: the Court, being satisfied with the reasons stated in the supporting affidavit, permits the petitioners to raise the additional grounds in A.S.No. 115 of 2018.

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Detailed headnote1 paragraphs

Madras High Court (R. Sakthivel, J.), by common order dated 12-06-2025, allowed CMP Nos. 4222 & 4223 of 2023 in A.S.No. 115 of 2018. CMP No. 4222 of 2023, under Order 6 Rule 17 of the Code of Civil Procedure, sought amendment of the description of the property in the plaint in O.S.No. 227 of 2014 (III Additional District Judge, Salem), inserting in line 13 words referring to 15 tiled houses and two further houses which, according to counsel citing Paragraph No.8 of the plaint, had been omitted by oversight from the plaint schedule. CMP No. 4223 of 2023, under Order 41 Rule 2 of the Code of Civil Procedure, sought leave to raise additional grounds in the appeal. The respondents did not file a counter despite sufficient opportunities. The Court, being satisfied with the reasons stated in the affidavits filed in support of the petitions, allowed both petitions.

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CMP Nos. 4222 & 4223 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 12-06-2025

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CORAM

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THE HONOURABLE MR.JUSTICE R. SAKTHIVEL

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CMP Nos. 4222 & 4223 of 2023

A.S.No. 115 of 2018

1.R. Subramaniam

2.S.Srinivasan

3.Rajeswari

... Petitioners

[in both the applications]

Versus

1.Malliga

2.Balaji

3.Arun

...Respondents

[in both the applications]

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Prayers:

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CMP.No. 4222 of 2023 filed under Order 6 Rule 17 of the Code of Civil Procedure, prays to permit the petitioners to amend the plaint Desription of the property in O.S.No. 227 of 2014 on the file of the learned III Additional District Judge, Salem, in the description of the property in the plaint in line 13 after the words “kid epyk; g{uht[k;” by inserting the words “kw;Wk; ,jpy; cs;s 15 Xl;L tPLfSk;. kw;Wk; ,uz;L jhh;R tPLfSk;”.

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CMP.No. 4223 of 2023 filed under Order 41 Rule 2 of the Code of Civil Procedure, prays to permit the petitioners to raise the additional grounds in the above appeal.

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1/3

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

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For Petitioners : Mr.P.Jagadeesan For Respondents : Mr.P. Sathish

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CMP Nos. 4222 & 4223 of 2023

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COMMON ORDER

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Heard the learned Counsel for the petitioners and the Respondent Nos. 1

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to 3.

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2.Despite sufficient opportunities to the Respondents, the respondents did not file counter.

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3.The learned Counsel for the petitioners drew the attention to this Court to Paragraph No.8 of the plaint and submits that there are 15 tiled houses in the suit property, but due to oversight of the petitioners, the same were omitted to be mentioned in the plaint schedule property. Hence, he prays to allow these petitions.

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4.Being satisfied with the reasons stated in the affidavit filed in support of these petitions, these petitions are allowed accordingly.

12.06.2025

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MSM

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