Madras High Court
CMP/26307/2026 of S.Dhandapani Vs M.Muthusamy on 30 September 2026
CMP No. 26307 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-09-2026
CORAM
THE HON'BLE MRS.JUSTICE R. KALAIMATHI
CMP No. 26307 of 2026
IN
AS NO. 221 OF 2024
S.Dhandapani
S/o. S.P. Shanmugam,
No.4/11, Balagurunatha Jothidar St,
Sulur, Coimbatore Dt.
..Appellant(s)
Vs
M.Muthusamy
S/o. Manthrachala Gounder,
NoX-1, Selakaraichal Village,
Sulur, Coimbatore District.
..Respondent(s)
Prayer: Civil Miscellaneous Petition filed under Section 153 of CPC, praying to allow the Petitioner /appellant to amend the plaint only to include the prayed of refund of advance money and thus render justice.
For Appellant(s):
E.K.Kumaresan
For Respondent(s):
Mr.C.Anbu
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ORDER
The Civil Miscellaneous Petition has been taken out to order to amend the plaint to include the prayer for refund of advance money.
2. Heard the learned counsel for the appellant/plaintiff and the learned counsel for the respondent/defendant.
CMP No. 26307 of 2026
3. The petitioner herein had laid a suit for the relief of specific performance based on the agreement for sale dated 10.10.2013, said to have been executed by the defendant in favour of the plaintiff. The case of the plaintiff is that he had paid an advance amount of Rs.10 lakhs to the defendant and that the total sale consideration was fixed at Rs.15 lakhs. It is his further case that the balance sale consideration of Rs.5 lakhs was to be paid by the plaintiff within two years from the date of said agreement. He has also pleaded that the defendant has handed over the original title deeds of the suit property to him. The trial court turned down his prayer for the relief of specific performance and dismissed the suit, notwithstanding the fact that the plaintiff has paid an advance amount of Rs.10 lakhs, and the said amount is still with the defendant.
4. In such circumstances, the petitioner has taken out this application seeking permission to amend the plaint to include the prayer for refund of advance money. On perusal of the plaint, such prayer is not found in the prayer column of the plaint. The plaintiff having stated that he has paid an advance amount of Rs.10 lakhs, and in case the relief of specific performance is not granted, at least he will get a money decree. Order II Rule 2 of Civil Procedure Code also prohibits the plaintiff to proceed further for refund of advance money.
CMP No. 26307 of 2026
5. In the plaint, the relief of specific performance alone has been prayed for. In view of the aforesaid narrative, the petitioner's aforestated contentions are legally sustainable and therefore, the Civil Miscellaneous Petition stands ordered.
6. The Trial Court is directed to effect amendment accordingly in the plaint as well as in the relevant register and to report. 30-09-2026 (2/2) Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MPA Note: Registry to effect amendment in the plaint.
CMP No. 26307 of 2026
R.KALAIMATHI, J. MPA CMP No. 26307 of 2026 IN AS NO. 221 OF 2024 30-09-2026