Sri Kripa Constructions v. Shreevelu Builder (P) Limited
Case brief
What is this about?
CRP Nos.852 and 784 of 2024; High Court of Judicature at Madras; S. Sounthar J.; 05-11-2025; Article 227 Constitution of India; proviso to Order VI Rule 17 CPC; due diligence; amendment of plaint; prayer for recovery of money; Ex.A1 construction agreement dated 15.11.2007; O.S.No.19 of 2013 permanent injunction; I.A.Nos.9 and 10 of 2023; III Additional District Munsif Salem; amendment hopelessly barred by limitation; suit posted for judgment; Sri Kripa Constructions vs M/s Shreevelu Builder (p) Limited and others; civil revision petitions dismissed; common order confirmed; no costs; connected CMP No.4200 of 2024 closed.
What did the court decide?
The mandate of the proviso to Order VI Rule 17 CPC was not complied with: the alleged cause of action for recovery of money, based on the construction agreement dated 15.11.2007, was available to the petitioner even when the bare-injunction suit was filed in 2013, and the petitioner gave no convincing reason for failing to seek the amendment before commencement of trial.