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R.Duraichamy, v. S.Suriyakumar

Madras HC18 Jun 2025CRP(MD)/1515/2021

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; C.R.P.(PD)(MD)No.1515 of 2021; Justice M. Dhandapani; amendment of plaint; suit for declaration; consequential relief of permanent injunction; I.A.No.419 of 2021; O.S.No.249 of 2020, Sub Court, Usilampatti; Article 227 Constitution of India; amendment not barred by limitation; rejection for want of pleadings held inappropriate; order set aside; amendment allowed; no costs; connected petition closed.

What did the court decide?

Civil Revision Petition allowed: order in I.A.No.419 of 2021 dated 14.09.2021 set aside; interlocutory application allowed; Sub Court, Usilampatti directed to make the necessary amendment in the suit prayer as prayed by the petitioner; no costs; connected C.M.P.(MD)No.8313 of 2021 closed. ¶28

R.Duraichamy, Vs S.Suriyakumar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial Court's rejection of the petitioner's amendment application (I.A.No.419 of 2021), filed to add the consequential relief of permanent injunction to the suit for declaration, solely on the ground that the plaint contained no pleadings supporting such relief, was sustainable.

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Court's answer

Since it was not in dispute that the amendment application was not hit by limitation, the order of rejection passed by the trial Court merely on the ground that no pleadings had been made in the suit with regard to the relief of injunction was not appropriate.

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Ratio / Principle

The order passed by the trial Court in I.A.No.419 of 2021 dated 14.09.2021 was set aside, the interlocutory application was allowed, and the trial Court was directed to make the necessary amendment in the suit prayer as prayed by the petitioner, with no costs; the connected miscellaneous petition was closed.

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Detailed headnote1 paragraphs

Civil Revision Petition under Article 227 of Constitution of India against dismissal of an interlocutory application (I.A.No.419 of 2021) in O.S.No.249 of 2020 (Sub Court, Usilampatti) seeking amendment of the prayer in a suit for declaration to add the consequential relief of permanent injunction. Held (M. Dhandapani, J.): the amendment application, filed in 2021 in respect of a 2020 suit, was not hit by limitation; therefore its rejection by the trial Court merely on the ground that the plaint contained no pleadings regarding the relief of injunction was not appropriate. The order dated 14.09.2021 was set aside, the amendment application was allowed, and the trial Court was directed to make the necessary amendment in the suit prayer as prayed; no costs; connected miscellaneous petition closed.

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C.R.P.(PD)(MD).No.1515 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.06.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE M.DHANDAPANI

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C.R.P.(PD)(MD)No.1515 of 2021 and C.M.P.(MD)No.8313 of 2021

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R.Duraichamy ... Petitioner Vs. 1.S.Suriyakumar 2.S.Shanthi ... Respondents

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PRAYER: Civil Revision Petition - filed under Article 227 of Constitution of India, to call for the records pertaining to the order passed in I.A.No.419 of 2021 dated 14.09.2021 in O.S.No.249 of 2020 on the file of the Sub Court, Usilampatti, Madurai and set aside the same.

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For Petitioner : Mr.S.Ayyanar Prem Kumar For R1 : Mr.A.Rahul For R2 : No Appearance

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ORDER

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This Civil Revision Petition is filed challenging the order passed in I.A.No.419 of 2021 dated 14.09.2021 in O.S.No.249 of 2020 on the file

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of the Sub Court, Usilampatti, Madurai

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

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C.R.P.(PD)(MD).No.1515 of 2021

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2.The petitioner filed a suit for declaration in O.S.No.249 of 2020. Thereafter, he realized that the consequential relief of permanent injunction was not sought in the suit. Thereby, he filed an interlocutory application in I.A.No.419 of 2021 seeking to amend the consequential prayer of permanent injunction. The same was dismissed. Challenging the same, the present Civil Revision Petition is filed.

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3.The learned counsel for the petitioner submits that admittedly, the petitioner filed a suit for declaration to declare that in the suit property, an extent of 2.86 ½ acre belonged to the petitioner and declare the property to an extent of the 73 ½ cents as common pathway. Subsequently, he filed an amendment application to amend the prayer with the consequential relief of permanent injunction and the same was dismissed for the simple reason that there is no pleadings to the effect that there is any attempt to interfere with their possession of the suit property. The same is not sustainable. Hence, he prays for appropriate orders.

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

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C.R.P.(PD)(MD).No.1515 of 2021

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4.Per contra, the learned counsel for the first respondent submits that without any pleadings, no consequential relief was sought by the petitioner. The trial Court has rightly appreciated the issue and dismissed the application filed by the petitioner and the same need not be interfered.

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5.Heard the learned counsel for the petitioner and the learned counsel for the first respondent and perused the materials placed on record.

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6.Admittedly, the petitioner filed a suit for declaration in the year 2020 and he filed an application seeking amendment of prayer only for a consequential injunction in the year 2021. It is not in dispute that the application filed by the petitioner for amendment is not hit by limitation. While that being so, the order of rejection passed by the trial Court merely on the ground that no pleadings with regard to the relief of injunction have been made by the petitioner in the suit and the same is not appropriate.

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

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C.R.P.(PD)(MD).No.1515 of 2021

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7.Accordingly, the order passed by the trial Court in I.A.No.419 of

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2021 dated 14.09.2021 is set aside and the interlocutory application is allowed. The trial Court is directed to make necessary amendment in the suit prayer as prayed by the petitioner. No costs. Consequently, connected miscellaneous petition is closed.

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18.06.2025

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NCC : Yes/No Index : Yes / No Internet : Yes / No ta

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