Madras High Court
Kuppusamy Gounder vs Vanjathal on 19 June, 2025
Author: M.Dhandapani
Bench: M.Dhandapani
CRP(MD). No.1592 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 19/06/2025
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
CRP (MD). No.1592 of 2021
and CMP(MD) No.8671 of 2021
Kuppusamy Gounder ... Petitioner/1st defendant
Vs
1. Vanjathal,
W/o.Aruchamy, Kandiya Gounder Pudur,
Pushpathur Post, Palani Taluk,
Dindigul District.
2. Vellathai,
W/o.Kuppusamy Gounder, Kandiya Gounder
Pudur, Pushpathur Post, Palani Taluk,
Dindigul District. ... Respondents/plaintiffs
3. Angathal,
W/o.Subramaniyam, Kovil Ammapatti
Village, Palani Tk, Dindigul District.. ... Respondents/2nd defendant
PRAYER :-Civil Revision Petition is filed under Article 227 of the
Constitution of India against the fair and decreetal order dated
01.04.2021 passed in IA No.3 of 2020 in OS No.88 of 2012 on the file of
the District Munsif Court, Palani.
1/6
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CRP(MD). No.1592 of 2021
For Petitioner : Mr.H.Lakshmi Shankar
For Respondent : Mr.J.Bharathan for R1 and R2
No appearance for R3
ORDER
This Civil Revision Petition is filed against the fair and decreetal
order dated 01.04.2021 passed in IA No.3 of 2020 in OS No.88 of 2012
on the file of the District Munsif Court, Palani.
2. The petitioner's case is that the petitioner is the first defendant in
OS No.88/2012 and during the pendency of the revision petition, the said
suit was renumbered as OS No.265/2023 and transferred to the file of
Sub Court, Palani and the original suit was filed in the year 2012 and the
same was decreed on 20.07.1995. After eight years, the plaintiffs 1 and 2
filed an amendment petition in IA No.3 of 2020 under Order VI Rule 17
of the Code for amendment of pleadings to amend the prayer from
partition to declaration declaring the judgment and decree dated
20.07.1995 in OS No.186/1995 on the file of the District Munsif, Palani,
is null and void. The same was allowed. Challenging the same, the
petitioner is before this Court.
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3. The learned counsel for the petitioner/defendant would submit
that admittedly the respondents 1 and 2 filed the suit for partition against
the petitioner in OS No.88/2012 (renumbered as OS No.265/2023) and
prior to that the very same respondents 1 and 2 filed a suit in OS No.
186/1995, in which, the petitioner is arrayed as defendant. The said suit
is for partition claiming ½ share and maintenance of Rs.400/- to the 1st
plaintiff. The said suit was dismissed as early as on 20.07.1995,
however, after contest. Thereafter, the present suit is filed with the very
same prayer against the very same defendants and hence, the same is not
maintainable and the amendment is filed after a lapse of 25 years, which
is contrary to Article 59 of the Limitation Act 1963 and hence, prays for
interference.
4. The learned counsel for the respondents 1 and 2, per contra,
would submit that the earlier suit was dismissed on threat and coercion
and it came to the knowledge of the respondents 1 and 2 only in the year
2020 and immediately thereafter an amendment petition was filed and it
was accordingly and rightly allowed and hence, prays for dismissal.
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5. I have considered the rival submissions and perused the
materials available on record.
6. When the original suit was dismissed as early as on 20.07.1995
and for the very same prayer against the very same defendants, filing a
petition to amend the pleadings is not sustainable and also not
maintainable. When the prayer that has been sought for is in the nature
of declaratory in nature, the order of the trial Court is not sustainable
under Article 59 of the Limitation Act. Accordingly the order dated
01.04.2021 made in IA No.3 of 2020 is set aside and the Civil Revision
Petition is allowed. No costs. Consequently connected Miscellaneous
Petition is closed.
19.06.2025
NCC : Yes/No
Index : Yes/No
RR
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TO
1.The District Munsif Court, Palani.
2.VR Section
Madurai Bench of Madras High Court, Madurai.
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M.DHANDAPANI,J
RR
ORDER
IN
Date : 19/06/2025
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