Madras High Court
CRP/5373/2026 of M.Swaminathan Vs R.Vaithiyanathan on 6 October 2026
CRP No. 5373 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 5373 of 2026
and CMP No. 23295 of 2026
CNR: {HCMA011749422026}
M.Swaminathan
S/o Mani,
Ponnur Village,
Pandur Po,
Mayiladuthurai Munsir and Taluk.
..Petitioner(s)
Vs
R.Vaithiyanathan
S/o Uthirapathi,
Ponnur Village,
Pandur PO,
Mayiladurai Munsif and Taluk.
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal orders passed I.A.No.7 of 2026 in O.S.No.422 of 2021 dated 30.06.2026 on the file of the Court of Additional Subordinate Judge, Mayiladuthurai and dismiss the said I.A by allowing this Civil Revision Petition.
For Petitioner(s):
Mr.A.Muthukumar
For Respondent(s):
Mr.B.Jewahar
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ORDER
This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 30.06.2026
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CRP No. 5373 of 2026
passed in I.A.No.7 of 2026 in O.S.No.422 of 2021 on the file of the Court of Additional Subordinate Judge, Mayiladuthurai, wherein the application filed by the plaintiff under Order VI Rule 17 of C.P.C., for amendment of plaint came to be allowed by the Court below by imposing a cost of Rs.2,000/-.
2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.
3. The respondent is the plaintiff who filed the suit in O.S.No.422 of 2021 (Old O.S.No.99 of 2018) seeking for the relief of recovery of money. The suit was at the stage of final hearing and at that stage, IA No.7 of 2026 was filed under Order VI Rule 17 of C.P.C., to amend the plaint and to correct the boundaries of the suit property.
4. The Court below allowed this application by an order dated 23.06.2026 and aggrieved by the same, the present Civil Revision Petition has been filed before this Court.
5. In the case in hand, the suit was filed in the year 2018 before the Principal District Munsif Court, Mayiladuthurai. Even during the year 2018,
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CRP No. 5373 of 2026
when the additional written statement was filed, the defendant had questioned the boundaries specified in the schedule of property. Even thereafter, questions were put to the witness in this regard. The suit reached the stage of final hearing and at that stage, an application was filed to amend the boundaries.
6. In the affidavit filed in support of I.A.No.7 of 2026, there is absolutely no reason as to why the plaintiff did not take any steps to amend the boundaries of the suit property. It must be kept in mind that, after the introduction of the proviso to Order VI Rule 17 of C.P.C., a post trial amendment can be allowed only if the plaintiff is able to show that in spite of his due diligence he was not able to amend the plaint at the earliest point of time. In the absence of the same, the Court cannot allow the amendment as a matter of course.
7. In the case in hand, the objection was raised regarding the boundaries as early as in the year 2018. Once again, questions were put to the witness regarding the boundaries. The plaintiff did not take any steps to amend the pleadings. At the fag end, when the suit was at the stage of final hearing, the amendment application was filed. The affidavit does not state any reason as to why the plaintiff did not take steps to amend the plaint at the earliest point of time. In any event, the amendment cannot be sought to get over the stand that has been taken by the defendant and to cover up the lacuna.
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CRP No. 5373 of 2026
8. The Court below, without considering any of these grounds has mechanically allowed the application and the order suffers from perversity warranting the interference by this Court in exercise of its jurisdiction under Article 227 of the Constitution of India.
9. In view of the above discussion, order dated 30.06.2026 passed in I.A.No.7 of 2026 in O.S.No.422 of 2021 on the file of the Court of Additional Subordinate Judge, Mayiladuthurai, is here by set aside.
10. In the result, this Civil Revision Petition stands allowed. There shall be a direction to the Additional Subordinate Judge, Mayiladuthurai to dispose of the suit in O.S.No.422 of 2021, within a period of eight weeks from the date of receipt of copy of this order. No Costs. Consequently, the connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR
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To The Additional Subordinate Judge, Mayiladuthurai.
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CRP No. 5373 of 2026
N.ANAND VENKATESH, J. SSR CRP No. 5373 of 2026 06-10-2026
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