Madras High Court
V.R.Madasamy vs [email protected] Raja on 28 March, 2023
C.R.P(MD)No.1672 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.03.2023
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
C.R.P(MD)No.1672 of 2022
and
CMP(MD)No.7345 of 2022
V.R.Madasamy ...Petitioner/Petitioner/Plaintiff
Vs.
[email protected] Raja ... Respondent/Respondent/
Defendant
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India, to set aside the fair and decreetal order dated
11.11.2021 passedin I.A.No.2 of 2021 in O.S.No.33 of 2015 on the file
of District Munsif Cum Judicial Magistrate, sivagiri, Tirunelveli and also
allow the Civil Revision Petition.
For Petitioner : Mr.A.George Stephen
For Respondent : Mr.T.Thevan
ORDER
This petition has been filed to set aside the fair and decreetal order
dated 11.11.2021 passed in I.A.No.2 of 2021 in O.S.No.33 of 2015 on
the file of District Munsif Cum Judicial Magistrate, sivagiri, Tirunelveli.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1672 of 2022
2.The petitioner is the plaintiff before the Trial Court in O.S.No.33
of 2015. The said suit has been filed for bare injunction. The respondent,
who is the defendant before the Trial Court filed a written statement as
early as on 07.09.2016. In the written statement, the
respondent/defendant has stated that the property was purchased by his
father namely, Late.Thangasamy Nadar on 19.01.1974. Thereafter, he has
executed a Will in favour of the respondent/defendant on 23.05.2003.
3.The petitioner has filed an application in I.A.No.2 of 2021 for
amendment of the plaint. The Trial Court has dismissed the application
on the ground that the petitioner has filed an application belatedly and
that the petitioner has not proved any encroachment of the property. It is
further submitted that the issue relating to limitation can be decided by
the Trial Court at the time of final hearing and the Trial Court come to
the conclusion that there was no encroachment.
4.The learned counsel for the respondent submits that the order of
the Trial Court is well reason and requires no interference.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1672 of 2022
5.I have considered the argument advanced by the learned counsel
for the petitioner and the learned counsel for the respondent.
6.It is noticed that the Trial Court has not framed a additional
issue. The petition is seeking for amendment of plaint for declaration of
title. The application for amendment has been rejected on the ground of
limitation. No doubt the written statement was filed as early as on
07.09.2016. The amendment that is sought for by the petitioner is not at
the fag end of the trial or at the stage of argument if the case.
7.Considering the above, I am inclined to interfere with the
impugned order dated 11.11.2021, by directing the Trial Court to permit
the petitioner/plaintiff to amend the plaint and frame a additional issue. It
is needless to say, the trial Court shall also consider the issue relating to
limitation arising out of the amendment as a preliminary issue after the
trial is completed. Since, the suit is of the year 2015, the District Munsif
Cum Judicial Magistrate, sivagiri, Tirunelveli, is therefore directed to
expedite the trial in O.S.No.33 of 2015 and pass a final judgment and
decree preferably within a period of 12 months from the date of receipt
of a copy of this order.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1672 of 2022
8.This Civil Revision Petition stands dismissed. No costs.
Consequently, the connected miscellaneous petition is closed.
28.03.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
dss
To
1.The District Munsif Cum Judicial Magistrate,
sivagiri, Tirunelveli.
2.The Section Officer
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.R.P(MD)No.1672 of 2022
C.SARAVANAN,J.
dss
C.R.P(MD)No.1672 of 2022
and
CMP(MD)No.7345 of 2022
28.03.2023
https://www.mhc.tn.gov.in/judis
