Madras High Court
CRP/1178/2024 of J.ARUMUGAM Vs KUMAR on 14 October 2026
CRP No. 1178 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1178 of 2024
and CMP No.6072 of 2024
CNR:{HCMA010301452024}
J.Arumugam
Petitioner(s)
Vs
1. Kumar
2.Bharathi
3.Sathiya
4.Ekambaram
Respondent(s)
PRAYER
To set aside the fair and decreetal order dated 05.07.2023 made in I.A.No.01 of 2023 in O.S.No.21 of 2021 on the file of the Sub Court, Ranipet.
For Petitioner(s):
Mr.C.Harish
For Respondent(s):
Mr.S.Salai Geethan
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ORDER
This Civil Revision Petition has been filed against the fair and decreetal order passed in I.A.No.01 of 2023 in O.S.No.21 of 2021, dated 05.07.2023, on
CRP No. 1178 of 2024 the file of the Sub Court, Ranipet, wherein the application filed by the petitioner/plaintiff under Order VI Rule 17 of CPC, for amendment of plaint came to be rejected by the Court below.
2. Heard the learned counsel for the petitioner and the learned counsel for respondents. This Court carefully considered the materials available on record and this Court also went through the order passed by the Court below.
3. The petitioner is the plaintiff who filed the suit in OS.No.21 of 2021, seeking for the relief of permanent injunction. The issues were framed and the trial commenced and PW.1 was examined in chief and also cross examined. At this stage, IA.No.1 of 2023 was filed under Order VI Rule 17 of CPC, for amendment of plaint in order to amend the survey number of the first item as 274/9 and second item as 274/11.
4. The Court below has dismissed the application on the ground that it is a post-trial amendment and specific questions were put to the plaintiff regarding the sub division of the property during cross examination.
5. In the considered view of this Court, the original survey number viz., Survey No.73 has been sub divided and it has been assigned Survey No.274/9
CRP No. 1178 of 2024 and 274/11. This is sought to be incorporated in the schedule of property. No prejudice will be caused to both sides if this amendment is allowed since it does not change the nature of suit and if at all the defendants have any objection, they can always file an additional written statement and take their defense. The order passed by the Court below dismissing the application and the reasons assigned are found to be perverse warranting the interference of this Court in exercise of its jurisdiction under Article 227 of the Constitution of India.
6. In the result, the order passed in I.A.No.01 of 2023 in O.S.No.21 of 2021, dated 05.07.2023, on the file of the Sub Court, Ranipet, is set aside and this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 14-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp To The Sub Court, Ranipet.
CRP No. 1178 of 2024 N.ANAND VENKATESH J. kp CRP No. 1178 of 2024
14-10-2026