CRP/1058/2024 of E.S.CHARLEY Vs SAHAYAMARY @ MARY on 7 October 2026

ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India against the order dated 10.01.2024 passed in I.A.No.10 of 2023 in O.S.No.195 of 2020 by the learned XXI Assistant City Civil Judge,

Chennai, wherein the application filed by the petitioner/plaintiff under Order VI Rule 17 CPC to permit the petitioner/plaintiff to seek for additional prayer and for payment of Court fees, came to be rejected by the Court below.

2. Heard learned counsel for petitioner and learned counsel for respondents and carefully perused the materials available on record. This Court also went through the impugned order.

3. The petitioner is the plaintiff, who filed the suit in O.S.No.195 of 2020. The suit was filed based on an oral agreement between the parties and on the ground that pursuant to the oral agreement, a sale deed dated 08.03.2019 was prepared and it was signed and presented before the concerned Sub-Registrar office, however, the defendants did not cooperate for registration of the document. While the suit was filed, the petitioner/plaintiff did not seek for a specific direction to register the sale deed dated 08.03.2019. By virtue of the application for amendment of plaint, the petitioner has only included the same in the relief. This application came to be dismissed by the Court below on the ground that the amendment application has been filed at the fag end of the trial and therefore, it is unsustainable. Aggrieved by the said order, the present revision has been filed before this Court.

4. In the considered view of this Court, the entire suit of the petitioner/plaintiff is based upon an oral agreement and the deed of sale dated 08.03.2019, which is said to have been signed by all the parties and presented before the Sub-Registrar. Therefore, the amendment that is sought for by the petitioner/plaintiff is only a consequential amendment to register the sale deed dated 08.03.2019. If, ultimately the suit for specific performance is decreed, this amendment does not in any way change the character of the suit nor does it cause any prejudice to the defendants. It also does not require the evidence to be reopened for this purpose. Hence, the order passed by the Court below suffers from perversity warranting interference of this Court. Accordingly, the order dated 10.01.2024 passed in I.A.No.10 of 2023 in O.S.No.195 of 2020 by the learned XXI Assistant City Civil Judge, Chennai, is set aside and this civil revision petition is allowed and the amendment sought for by the petitioner/plaintiff is allowed. There shall be a direction to the learned XXI Assistant City Civil Judge, Chennai, to dispose of the suit in O.S.No.195 of 2020 within a period of three (3) months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm

N.ANAND VENKATESH, J. gm To The XXI Assistant City Civil Judge, Chennai. Civil Revision Petition No.1058 of 2024 07-10-2026