Madras High Court
CRP/1236/2024 of D.SANKAR Vs BALAJI FINANCE TIRUCHENGODU on 14 October 2026
CRP No. 1236 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1236 of 2024
and CMP No.6528 of 2024
CNR:{HCMA010282582024}
1. D.Sankar
2. R.Kokila
Petitioner(s)
Vs
Balaji Finance Tiruchengodu
Rep by its Managing Director,
P.S.Deivaraj, D.No. 90/2-5,
C.H.B.Colony Merku, Vellore Road,
Tiruchengodu Town, Namakkal Dist.
Respondent(s)
PRAYER
Petition filed under Article 227 of the Constitution of India, to set aside the Fair and Decreetal Order dated 20.09.2023 made in I.A.No. 4 of 2023 in O.S.No. 287 of 2017 on the file of the Principal District Munsif Court, Thiruchengodu.
For Petitioner(s):
Mr.D.Gopinathan
For Respondent(s):
No Appearance
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the fair and decreetal order passed in I.A.No. 4 of 2023 in O.S.No. 287 of 2017, dated 20.09.2023, on the file of the Principal
CRP No. 1236 of 2024 District Munsif Court, Thiruchengodu, wherein the application filed by the petitioners under Order VI Rule 17 of CPC, to amend the plaint came to be dismissed by the Court below.
2. Heard the learned counsel for the petitioners and carefully considered the materials available on record. This Court also went through the order passed by the Court below.
3. The respondent has been served with notice and there is no representation either in person or through counsel.
4. The petitioners/plaintiffs filed the suit is OS.No.287 of 2017, seeking for the relief of declaration and for mandatory injunction and permanent injunction. An application came to be filed in IA.No.4 of 2023 under Order VI Rule 17 of CPC, for amendment of plaint and the petitioners wanted to carry out the following amendments:
1. Para V 1st line last remove 3 add that place “4”
2. Add Suit Schedule Documents 1st line last after 55 add “183052”
3. In the Suit Schedule Documents last line total “47” and add “51”
CRP No. 1236 of 2024
5. The Court below has dismissed the application mainly on the ground that the amendment application has been filed after the trial has commenced and the petitioners have not exercised due diligence. Aggrieved by the said order, the present CRP has been filed before this Court.
6. In the considered view of this Court, the suit was at the stage of examination of witness on the side of the plaintiffs. The amendment that has been sought for in the application does not in any way change the character of the suit. If at all the defendant had any objection, they can always file an additional written statement. The reasoning given by the Court below while dismissing the application suffers from perversity warranting the interference of this Court. Accordingly, the order passed in I.A.No. 4 of 2023 in O.S.No. 287 of 2017, dated 20.09.2023, on the file of the Principal District Munsif Court, Thiruchengodu, is set aside and this CRP is allowed.
7. In the result, this Civil Revision Petition is allowed in the above terms. 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
CRP No. 1236 of 2024
N.ANAND VENKATESH J. kp To The Principal District Munsif Court Thiruchengodu. CRP No. 1236 of 2024
14-10-2026