Madras High Court
CRP/2112/2023 of T.PRABAKARAN Vs G.KUPPAMMAL on 13 October 2026
CRP No. 2112 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 2112 of 2023
and
CMP No.12888 of 2023
CNR:{HCMA011071962023}
T.Prabakaran
Petitioner(s)
Vs
1. G.Kuppammal
2.G.Karnan @ Ramki
3.G.Vignesh
4.R.Arumugan
5.R. Radhakrishnan
6.K.Mariammal
Respondent(s)
PRAYER
Petition filed under Aerticle 227 of the Constitution of India, to set aside the order dt.21.02.2023 in I.A.No. 1 of 2023 in O.S.No. 232 of 2019 on the file of the District Munsif-cum-Judicial Magistrate, Gummidipoondi.
For Petitioner(s):
C/v Filed By M/s.N.Manokaran
For Respondent(s):
NRN
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CRP No. 2112 of 2023
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ORDER
This Civil Revision Petition has been filled under Article 227 of the Constitution of India against the fair and decreetal order passed in I.A.No. 1 of 2023 in O.S.No. 232 of 2019, dated 21.02.2023, on the file of the District Munsif-cum-Judicial Magistrate, Gummidipoondi, 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 carefully considered the materials available on record. This Court also went through the order passed by the Court below. The respondents have been served with notice and the names of the respondents has also been printed in the cause list. There is no appearance either in person or through counsel.
3. The petitioner is the plaintiff who filed the suit in OS.No.232 of 2019, seeking for the relief of declaration and permanent injunction. The suit reached the stage of trial and the witness on the side of the defendants was in the witness box. At that stage, IA.No.1 of 2023 was filed by the petitioner/plaintiff under Order VI Rule 17 of CPC, seeking for making the following amendment: 1/ tHf;Fiuapy; 7 tJ gf;fj;jpy ; a ghpfhuj;jpy; ePjpkd;w fl;lz rl;lg;gphpt[ 25(d) vd;gjid gphpt[ 25(a)
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CRP No. 2112 of 2023 vd jpUj;jk; brajpl[t[k;/ kw;Wk; 5 tJ gf;fjpy; 11 tJ ghuhtpy; kw;Wk; tpiy kjpg;gPgl;L jhspy; ePjpkd;w fl;lz rl;lg;gphpt [ 25(d) vd;gjid gphpt [ 25(a) vd jpUj;jk; bra;jptpl[t[k;/ 2/tHf;Fiuapd; 7 tJ gf;fj;jpy; kw;Wk; 5 tJ gf;fj;jpy kw;Wk; tpiy kjpg;gPl;L jhspy ; a ghpfhuj;jpy; U:gha;/ 1.000-? ePjpkd;w fl;lzk; :Ugha;/ 75/50-? Vd Fwpg;gpl;Ls;stw;iw ePjpkd;w fl;lz rl;lj;jpd; kjpg;g [ U:gha;/62.813-? Mjd ; ePjpkd;w fl;lzk; U:gha;/1885-? Vd jpUj;jk; bra;jplt[k;/ 3/tHf;Fiuapd; 7 tJ gf;fj;jpy; kw;Wk; 5 tJ gf;fj;jpy kw;Wk; tpiy kjpg;gPl;L jhspy; tHf;fpd; bkhj;j kjpg;g [ U:gha;/3.000-? Mjd ; ePjpkd;w fl;lzk; U:gha;/226-? Vd jtWjyhf Fwpg;gplg;gl;Ls;stw;wpid U:gha;/64.813-? Mjd ; ePjpkd;w fl;lzk ; kjpg;g[ U:gha;/2036-? Vd jpUj;jk; bra;jplt[k;/ 4/tHf;Fiuapd ; 6 tJ gf;fj;jpy ; B bol;a{y; brhj;Jtptuj;jpy fpHf;F jpiuapy; East By: Suit A schedule property vd Fwpg;gplg;gl;Ls;stw;Wld; and Survey No: 13/1 vd nrh;j;J East By: Suit A schedule property and Survey No.13/1 vd jpUj;jk; bra;jpl[t[k;/
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CRP No. 2112 of 2023
4. The Court below dismissed the said application mainly on the ground that there is a substantial delay in filing the said application and the plaintiff has not exercised due diligence. Aggrieved by the said order, the present CRP has been filed before this Court.
5. In the considered view of this Court, the amendment that has been sought for by the petitioner/plaintiff only pertains to the valuation of suit and the Court fee paid and to include Survey No.13/1 also along with the A schedule property while describing the boundary of the B schedule property. This amendment is more by way of a clarification and it does not in any manner change the character of the suit or such amendment has been sought for to cover up the lacuna. It will enable the Court below to properly adjudicate the suit.
6. In the light of the above discussion, the order passed by the Court below in I.A.No. 1 of 2023 in O.S.No. 232 of 2019, dated 21.02.2023, on the file of the learned District Munsif-cum-Judicial Magistrate, Gummidipoondi, is set aside and this Civil Revision petition is allowed. There shall be a direction to the learned District Munsif-cum-Judicial Magistrate, Gummidipoondi, to dispose of the suit in OS.No.232 of 2019, within a period of three months from the date of receipt of a copy of the order.
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CRP No. 2112 of 2023
7. In result, this Civil Revision Petition is allowed in the above terms. No costs. Consequently, connected miscellaneous petition is closed. 13-10-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No kp To The District Munsif-cum-Judicial Magistrate, Gummidipoondi.
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CRP No. 2112 of 2023 N.ANAND VENKATESH J. kp CRP No. 2112 of 2023
13-10-2026
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