Madras High Court
Ganesan vs Saikala on 5 April, 2023
C.R.P.(MD)No.1868 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.R.P.(MD)No.1868 of 2021
and
C.M.P.(MD)Nos.10033 of 2021 and 1758 of 2023
Ganesan, S/o.Vaikundaramasamy .. Petitioner
Versus
1.Saikala, W/o.Ethiraj
2.Chellammal, W/o.Narayanasamy
3.Moorthy, S/o.Late.Vaikundaramasamy
4.Devaraj, S/o.Late.Vaikundaramasamy
5.The Tahsildar,
Eral Taluk,
Thoothukudi District.
6.State of Tamil Nadu,
Rep. By the District Collector,
Office at Korapallam,
Thoothukudi District. .. Respondents
Prayer :- Petition filed under Article 227 of the Constitution of India, against the fair
and decretal order dated 20.10.2021, passed in I.A.No.4 of 2021 in O.S.No.8 of
2020, on the file of the District Munsif Court, Srivaikundam.
For Petitioner : Mr.V.Meenakshisundaram
For R1 to R4 : Mr.S.Ramesh
For R5 and R6 : Mr.G.Sivaraja
Government Advocate
https://www.mhc.tn.gov.in/judis
1/9
C.R.P.(MD)No.1868 of 2021
ORDER
This Civil Revision Petition has been filed against the fair and decretal order
dated 20.10.2021, passed in I.A.No.4 of 2021 in O.S.No.8 of 2020, on the file of the
District Munsif Court, Srivaikundam.
2. The petitioner got himself impleaded as the third defendant in O.S.No.8 of
2020, vide order dated 25.08.2021, in I.A.No.3 of 2021. After the petitioner was
impleaded as the third defendant in the above suit, the respondents 1 to 4/plaintiffs
filed I.A.No.4 of 2021 under Order 6 Rule 17 of C.P.C. for amending the plaint, by
adding few names and importantly, the amendment to the status of Rajammal @
Velammal as the second wife during the life time of her husband
late.Vaikundaramasamy, wherein, following amendments were sought by the
respondents 1 to 4/plaintiffs.
"3. gpuhJ 4-tJ ghuhit mLj;J "(4-V)" vd;W xU Gjpa
ghuhit Muk;gpj;J> mjpy; fPo;f;fz;l thrfq;fis Nrh;f;f
Ntz;Lk;.
"3-k; gpujpthjp Nkw;gb itFz;luhkrhkpah gps;is -
fhe;jpkjp mk;khs; jk;gjpfs; kfd; fpilahJ> 3-k; gpujpthjp
vt;tpjj;jpYk; Nkw;gbahh;fspd; rl;lg;G+h;tkhd thhpR MfTk;
KbahJ. Mdhy; ,e;j eph; tof;F kj;jpapy; 3-k; gpujpthjp
jd;idAk; ,e;j tof;fpy; Xh; gpujpthjpahf Nrh;f;f Ntz;Lnkd;W
Nfl;L jhf;fy; nra;j I.V.vz;:3/2021 kD 25.08.2021y;
mDkjpf;fg;gl;Ls;sjhy; mth; ,e;j tof;fpy; 3-k; gpujpthjpahf
Nrh;f;fg;gl;Ls;shh;."
4. gpuhJ FWe;jiyg;gpYk; kw;Wk; neLe;jiyg;gpYk; 1tJ
thjpapd; ngaUf;F gpd;dhy; "Rlyp (v)" vd;W Nrh;f;f Ntz;Lk;.
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C.R.P.(MD)No.1868 of 2021
5. gpuhJ FWe;jiyg;gpYk; kw;Wk; neLe;jiyg;gpYk; 3tJ
thjpapd; ngaUf;F Kd;dhy; "ke;jpu" vd;W Nrh;f;f Ntz;Lk;.
6. gpuhJ 3-tJ ghuhtpy; 6tJ thpapy; "Foe;ijfs;" vd;w
thh;j;ijf;F Kd;dhy; "Nkw;gb fhe;jpkjp mk;khSf;F" vd;W
Nrh;f;f Ntz;Lk;.
7. gpuhJ 3tJ ghuhtpy; 7tJ thpapy; "fhykhfptpl;lhh;"
vd;w thh;j;ijf;F Kd;dhy; "17.06.1981y; kJiuapy; itj;J"
vd;W Nrh;f;f Ntz;Lk;.
8. gpuhJ 3tJ ghuhtpy; 7tJ thpapy; "mjdgpd;dh;" vd;w
thh;j;ijia ePf;fptpl;L mNj ,lj;jpy; "Nkw;gb fhe;jpkjp
mk;khs; capUld; ,Uf;Fk;NghNj" vd;W Nrh;f;f Ntz;Lk;.
9. gpuhJ 3tJ ghuhtpy; 8tJ thpapy; "vd;gtiu" vd;w
thh;j;ijia mLj;J "1945-k; Mz;L ,e;J Kiwg;gb
nfhl;lhuf;Fwpr;rp Chpy;" itj;J vd;W Nrh;f;f Ntz;Lk;.
10.gpuhJ 3tJ ghuhtpy; 10tJ thpapy; "gpwe;jhh;fs;" vd;W
KbAk; thf;fpaj;jpw;F mLj;J ,jd; fPo;f;fz;l Gjpa
thf;fpaj;ij Nrh;f;f Ntz;Lk;.
"4-tJ thjpf;F mtuJ ngw;Nwhh;fs; Muk;gj;jpy; itj;j
ngah; nja;tj;jbahd;" vd;gjhFk;. Mdhy; gs;sp gUtj;jpy;
"jbad;" vd;W Nkw;gb ngaiu RUf;fp kw;wth;fshy;
miof;fg;gl;lij 4-k; thjp tpUk;ghjjhy;> 4-k; thjp mtuJ
ngaiu "Njtuh[;" vd;W khw;wk; nra;J> murpjopYk; Kiwahf
gjptpl;Ls;shh;. mjd;gpd;dh; 4-k; gpujpthjpapd; ngah; "Njtuh[;"
vd;Nw miof;fg;gLfpwJ."
11. gpuhJ neLe;jiyg;gpy; 3 kw;Wk; 4 thjpfspd; jfg;gdhh;
ngah; "itFz;luhkrhp" vd;W ,Ug;gij "itFz;luhkrhkpah
gps;is" vd;W khw;w Ntz;Lk;.
12. gpuhJ FWe;jiyg;gpy; 3k; gpujpthjpapd; ngaUf;F fPo;
fPo;fz;l thrfq;fis Nrh;f;f Ntz;Lk;.
"(I.V.vz;:3/2021y; 25.08.2021y; gpwe;j cj;jpuTg;gbf;F 3-k;
gpujpthjp jug;gpduhf Nrh;f;fg;gl;Ls;shh;.)"
"(I.V.vz;: /2021y; 25.08.2021y; gpwe;j cj;jpuTg;gb gpuhJ
rPh;jpUj;jk; nra;ag;gl;Ls;sJ.)"
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C.R.P.(MD)No.1868 of 2021
3. By the impugned order, dated 20.10.2021, in I.A.No.4 of 2021, the Trial
Court has allowed the application with the following observations:-
"9. The amendment regarding the said Rajammal @ Velammal was
took marriage during the alive of Gandhimathi ammal or not is also to be
decided at that time of trial and other amendment is not change the nature of
suit and the said amendment is before the trial and guideline of superior
Court, the amendment of pre suit in nature is maintained and liberal view is
to be adopted. The said amendment is to be decided at that time of trial
hence the present application is allowd. In interest of justice and on peruse
the averments in the petition. On considering, the nature of amendment and
it is not change the nature of the suit hence in the interest of justice, this
petition is allowed. No costs."
4. The learned counsel for the petitioner/third defendant submits that earlier
the respondents 1 to 4/plaintiffs had filed I.A.No.2 of 2021, for introducing certain
amendments to the plaint, which are part of the amendments sought in I.A.No.4 of
2021 and the said application was dismissed as not pressed on 07.09.2021.
5. That apart, it is submitted that by introducing several amendments to the
plaint, the respondents 1 to 4/plaintiffs are altering the entire characteristic of the
plaint, which is impermissible. It is submitted that after the order was passed in
I.A.No.3 of 2021 at the behest of the petitioner/third defendant on 25.08.2021,
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)No.1868 of 2021
consequential amendment is permissible. However, the respondents 1 to 4/plaintiffs
have filed I.A.No.4 of 2021, for a complete re-call of the plaint, thereby, altering the
entire characteristic of the pleading.
6. The learned counsel for the petitioner/third defendant, however, submits
that though the pre-trial amendment has to be considered liberally, it cannot be
allowed on the strength of the reasons given by the respondents 1 to 4/plaintiffs in
I.A.No.4 of 2021, which read as under:-
''2. ,e;j epH kDtpy; fz;l 3-k; vjpHkDjhuiu jhth tof;fpy;
3-k; gpujpthjpahf NrHf;f Nfl;L> 3-k; vjpHkDjhuH jhf;fy; nra;j
I.V.vz;:3/2021 kD 25-8-2021y; r%fk; ePjpkd;wj;jhy;
mDkjpf;fg;gl;Ls;sJ. NkYk; rpy Kf;fpakhd thrfq;fs; gpuhjpy;
NrHf;fg;glhky; ftdf;Fiwthf tpLgl;Ls;sd. 1 kw;Wk; 3 thjpfspd;
ngaH tpguq;fSk; gpuhjpy; rhpahf fhz;gpf;f Ntz;bAs;sJ.
vdNt ,k;kDtpy; fz;l gpufhuk; gpuhij rPHjpUj;jk; nra;a
mDkjpj;J cj;jpuT gpwg;gpf;f Ntz;bAs;sJ. mt;thW rPHjpUj;jk;
nra;a mDkjpj;J cj;jputplhtpby; vq;fSf;F mstpl Kbahj
f\;l> e\;lk; Vw;gLk;.''
7. Per contra, the learned counsel for the respondents 1 to 4/plaintiffs submits
that the impugned order of the Trial Court is well reasoned and requires no
interference. It is submitted that no prejudice will be caused to the petitioner, who
has been impleaded as third defendant in the above suit, pursuant to the order dated
25.08.2021, in I.A.No.3 of 2021.
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C.R.P.(MD)No.1868 of 2021
8. That apart, it is submitted that it is always open for the petitioner/third
defendant to file a written statement based on the averments, which have been
allowed to be incorporated in the original plaint. It is submitted that there is no final
determination of inter se rights between the parties.
9. In support of his submission, the learned counsel for the respondents 1 to
4/plaintiffs has relied on the decision of the Hon'ble Supreme Court in Life
Insurance Corporation of India vs. Sanjeev Builders Private Limtied and others
reported in AIR 2022 SC 4256, wherein it has been held that if the amendments,
which are necessary for determining the real question in controversy, are to be
allowed, no prejudice will be caused to the other side.
10. I have considered the arguments advanced by the learned counsel for the
petitioner/third defendant and the learned counsel for the respondents 1 to
4/plaintiffs and perused the materials available on record.
11. There is no merit in the present Civil Revision Petition, as there is no final
determination of inter se rights between the parties, by mere allowing of amendment
to the pleadings in the plaint, vide the impugned order, dated 20.10.2021.
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C.R.P.(MD)No.1868 of 2021
12. That apart, the amendments have been sought before commencement of
the trial and therefore, no prejudice will be caused to the petitioner/third defendant.
It is always open for the petitioner to dispute the averments in the plaint, pursuant to
the amendments that have been allowed, vide the impugned order dated 20.10.2021.
13. In my considered view, no prejudice will be caused to the petitioner/third
defendant, by the impugned order dated 20.10.2021, allowing amendments to the
plaint. Therefore, the present Civil Revision Petition is liable to be dismissed.
Accordingly it is dismissed. No costs. Consequently, connected Miscellaneous
Petitions are closed.
14. Considering the fact that the suit is of the year 2020 and the
petitioner/third defendant has not filed written statement so far, he is directed to file a
written statement within a period of 45 days from the date of receipt of a copy of this
order. The Trial Court shall frame issues and subject the parties to trial and
pronounce judgment and decree within a period of 12 months thereafter.
NCC : Yes/No 05.04.2023
Index : Yes/No
Internet : Yes/No
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To
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)No.1868 of 2021
1.The District Munsif,
Srivaikundam.
2.The District Collector,
Office at Korapallam,
Thoothukudi District.
3.The Tahsildar,
Eral Taluk,
Thoothukudi District.
https://www.mhc.tn.gov.in/judis
C.R.P.(MD)No.1868 of 2021
C.SARAVANAN, J.
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Order made in
C.R.P.(MD)No.1868 of 2021
05.04.2023
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