N.Mathiammal Vs N.Raja — Writ and Judicial Review | Madras HC (2025)

N.Mathiammal Vs N.Raja — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Liberty granted to the plaintiffs to withdraw O.S.No.139 of 2024 and to file a fresh comprehensive suit on all available reliefs, as on date, on the same cause of action; respondent/defendant free to raise all available contentions in the subsequent suit; second suit not to be objected to on the ground of res judicata; Civil Revision Petition disposed of with no costs; connected miscellaneous petition (CMP.No.12795 of 2025) closed.

Issue for consideration

Whether the Civil Revision Petition should be allowed and the order and decretal order dated 27.02.2025 in I.A.No.3 of 2025 in O.S.No.139 of 2024 (rejecting the amendment application seeking inclusion of certain reliefs in the plaint) set aside. +1 more

Ratio / Principle

No real prejudice would be caused to the respondent if liberty is granted to the plaintiffs to withdraw the suit and file a fresh comprehensive suit on all available reliefs, as on date, on the same cause of action as the present suit in O.S.No.139 of 2024.

Key takeaways

It is always open to the respondent/defendant to put forth all contentions available to him in the subsequent suit that may be instituted by the plaintiffs.ratio¶31
In view of the liberty granted to withdraw, the second suit shall not be objected to on the ground of res judicata.ratio¶31

Detailed headnote1 paragraphs

MADRAS HIGH COURT (P.B. Balaji, J.), 23.07.2025 — CRP.No.2205 of 2025 and CMP.No.12795 of 2025: Civil Revision Petition under Article 227 of the Constitution of India against the order and decretal order dated 27.02.2025 passed by the Sub Judge, Udagamandalam in I.A.No.3 of 2025 in O.S.No.139 of 2024, rejecting the plaintiffs' amendment application seeking inclusion of certain reliefs in the plaint. Following an interim order dated 15.07.2025 and on the plaintiffs' stated willingness to withdraw, the Court disposed of the revision, holding that no real prejudice would be caused to the respondent by granting the plaintiffs liberty to withdraw the suit and file a fresh comprehensive suit on all available reliefs on the same cause of action; the respondent/defendant would remain free to raise all available contentions, including by written statement, in the subsequent suit; and, in view of the liberty granted, the second suit shall not be objected to on the ground of res judicata. Disposed of with no costs; connected miscellaneous petition closed.

CRP.No.2205 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI

CRP.No.2205 of 2025

and

CMP.No.12795 of 2025

N.Mathiammal

R.Malliga

R.Haldorai

B.R.Sevanan 5. R.Jothi ... Petitioners

Vs.

N.Raja ... Respondent

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decretal order dated 27.02.2025 made in I.A.No.3 of 2025 in O.S.No.139 of 2024, on the file of Sub Judge, Udagamandalam and allow the civil revision petition.

For Petitioner : M/s.R.Gouri

For Respondent : Mr.K.V.Sundararajan

ORDER

The Civil Revision Petition is filed to set aside the order dated 27.02.2025 made in I.A.No.3 of 2025 in O.S.No.139 of 2024, on the file of Sub Judge, Udagamandalam.

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CRP.No.2205 of 2025

Heard, the learned Counsel on either side and perused the materials available on record.

Pursuant to the interim order dated 15.07.2025, the learned Counsel for the petitioner would submit that she has instructions from the plaintiffs that the plaintiffs are willing to withdraw the present suit with liberty to file a comprehensive suit.

Learned Counsel for the respondent states that the respondent

should be permitted to put forth all contentions in the subsequent suit by way of written statement.

It can be seen that the revision is as against the rejection of amendment application seeking inclusion of certain reliefs in the plaint. I see no real prejudice being caused to the respondent, if liberty is granted to the plaintiffs to withdraw the suit and file a fresh comprehensive suit on all available reliefs, as on date, on the same cause of action, on which the present suit in O.S.No.139 of 2024, has been filed before the Sub Court, Udhagamandalam. It is always open to the respondent/defendant to put forth

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CRP.No.2205 of 2025

all contentions available to the defendant in the subsequent suit that may be instituted by the plaintiffs. However, it is made clear that in view of the liberty granted, the second suit shall not be objected on the ground of res judicata.

With the above liberty, the present Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

23.07.2025

Index: Yes/No Website:yes/no Speaking Order/Non-Speaking Order veda

To The Sub Judge, Udhagamandalam.

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CRP.No.2205 of 2025

P.B.BALAJI, J.

veda

CRP.No.2205 of 2025 and CMP.No.12795 of 2025

23.07.2025

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