Madras High Court
Sarojini vs Sidduraj on 30 April, 2021
C.R.P.(PD).No.2851 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(PD).No.2851 of 2018
and C.M.P.No.16774 of 2018
Sarojini ... Petitioner
Vs
Kamatchi (Died)
1.Sidduraj
2.Shanthi ... Respondents
Prayer: Civil Revision Petition filed under Article 227 of Constitution of
India, against the Fair and Final Order dated 10.07.2018 passed by the
Learned I Additional District Munsif, Salem in I.A.No.1651 of 2017 in
O.S.No.454 of 2011.
For Petitioner : Mr.L.Mouli
For Respondents : Mr.R.Nalliyappan
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https://www.mhc.tn.gov.in/judis/
C.R.P.(PD).No.2851 of 2018
ORDER
The Civil Revision Petition is filed against a Fair and Final Order
dated 10.07.2018 passed by the Learned I Additional District Munsif,
Salem, in I.A.No.1651 of 2017 in O.S.No.454 of 2011, thereby allowing the
petition for amendment.
2. The petitioner is the defendant and the respondents are the
plaintiffs. The respondents filed the suit for delivery of possession in
respect of suit property. After examining the witness, when the suit was
posted for Judgment, the respondents filed the petition seeking amendment
in the suit schedule property to include the T.S.Number and the Street name.
3. On perusal of the plaint, it is revealed that the T.S.No. left it has
mentioned the Door No.115 and not mentioning about the Street name.
Therefore, the respondents filed a petition to include the T.S.No. as well as
the Street name in the schedule of property. While allowing the amendment
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C.R.P.(PD).No.2851 of 2018
petition, the trial Court mentioned as if the amendment petition was filed to
amend the description of property to include the Door Number and street
name.
4. The learned counsel for the petitioner would submit that the door
number already mentioned in the plaint as 115. Therefore, it cannot be
changed by way of amendment as a Door No.214.
5. On perusal of the amendment petition, it is only to amend to fill the
T.S.No. and also to include the street name. Therefore, it is made clear that
the amendment sought for by the respondent only to amend the T.S.No. as
214 and include the street name as Saniyar Street. There is no possession of
amending the Door No. from 115 as mentioned in the plaint. The above
clarification this Court finds no infirmity and illegality in the orders passed
by the Court below.
5. Accordingly, this Civil Revision Petition is dismissed. The trial
Court is directed to dispose of the suit within a period of twelve weeks from
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C.R.P.(PD).No.2851 of 2018
the date of receipt of a copy of this order. Consequently, the connected
miscellaneous petition is closed. No order as to costs.
30.04.2021
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
rna
To
The I Additional District Munsif Judge,
Salem.
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD).No.2851 of 2018
G.K.ILANTHIRAIYAN. J,
rna
C.R.P.(PD).No.2851 of 2018
and C.M.P.No.16774 of 2018
30.04.2021
https://www.mhc.tn.gov.in/judis/
