Minor Rogan Ashaniya vs Selva Saravanakumar
2022 Latest Caselaw 17358 Mad

                                                                           CRP(NPD)(MD)No.2210 of 2022


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 07.11.2022

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                              CRP(NPD)(MD)No.2210 of 2022

                     Minor Rogan Ashaniya
                     Rep. by his testamentary guardian,
                     Balashanmuganatham                                         ... Petitioner
                                                     versus

                     Selva Saravanakumar                                        ... Respondent

                                  Civil Revision Petition filed under Section 115 of Civil
                     Procedure Code, against the order dated 27.04.2019 passed in
                     I.A.SR.No.16658 in G.W.O.P.No.6 of 2018 on the file of the learned I
                     Additional District Judge, Madurai.
                                       For Petitioner   : Mr.G.Ramanathan
                                       For Respondent : Mr.C.Padmaraj

                                                          ORDER

This Civil Revision is filed against the order dated 27.04.2019

passed in I.A.SR.No.16658 in G.W.O.P.No.6 of 2018 on the file of the

https://www.mhc.tn.gov.in/judis CRP(NPD)(MD)No.2210 of 2022

learned I Additional District Judge, Madurai.

2. The petitioner herein is a minor. The guardian of the minor

filed G.W.O.P.No.6 of 2018 before the learned I Additional District

Judge, Madurai, seeking permission of the Court to sale ½ share of the

property, to meet out the educational expenses of the minor and to meet

out other expenses. The said petition was allowed by order dated

09.10.2018. Thereafter, the guardian of the minor filed an interlocutory

application before the learned I Additional District Judge, Madurai,

stating that there are certain typographical errors in the Judgment of the

Court. The learned I Additional District Judge, Madurai, by order

dated 27.04.2019, rejected the said application that the application is

filed to correct the mistakes made in the Judgment, without seeking

amendment in the pleadings. Though the Court below held that the

amendment is not permissible after the disposal of the petition,

however, the Court below, by following the Judgment of this Court,

held that the Court is inclined to amend the Judgment, if the

https://www.mhc.tn.gov.in/judis CRP(NPD)(MD)No.2210 of 2022

pleadings are also amended, otherwise, it would lead to confusion.

Aggrieved over the same, the present Civil Revision Petition is filed.

3. The Court below has not rejected the application altogether

that the amendment is not permissible. However, the Court below has

held that without amending the pleadings, the Judgment cannot be

amended. Therefore, the Civil Revision Petition is disposed of with

liberty to the petitioner to file an application before the Court below to

amend the pleadings and also to correct the mistakes made in the

Judgment. On filing such application, the Court below shall consider

the same and pass orders on its merits. No costs.

07.11.2022 ogy

Index : Yes / No. Internet : Yes / No.

To

1. The learned I Additional District Judge, Madurai.

https://www.mhc.tn.gov.in/judis CRP(NPD)(MD)No.2210 of 2022

B.PUGALENDHI, J.

ogy

CRP(NPD)(MD)No.2210 of 2022

07.11.2022

https://www.mhc.tn.gov.in/judis