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2005 Supreme(Mad) 1545

P.D.DINAKARAN
S. Kuppusamy – Appellant
Versus
P. K. Subramani & Others – Respondent


Advocates Appeared:For the Petitioner:G. Jeremiah, Advocate. For the Respondents:N. Sankaravadivel, Advocate.

Judgment :-

(This Civil Revision Petition has been filed under Article 227 of Constitution of India, against the fair and decretal order dated 25.8.2004 made in I.A.No.664 of 2003 in O.S.No.206 of 1987 on the file of the District Munsif Court, Arakkonam.)

This revision petition has been filed against the fair and decretal order dated 25.8.2004 in I.A.No.664 of 2003 in O.S.No.206 of 1987 on the file of District Munsif, Arakkonam.

2. The respondents/plaintiffs 2 to 5 along with their mother Kuppammal filed the suit for permanent injunction against the revision petitioner/defendant. In the suit, the plaintiffs filed I.A.No.664 of 2003 to amend the plaint, which was objected to by the revision petitioner/defendant.

3. The trial Court allowed the said application placing reliance on the decision of this Court reported in (2004)2 MLJ 411 (Sarammal Vs. S.Dilshad Begum and others), wherein it is held that the amendment can be ordered if no new case is set up in the amendment. It is against this order; the present revision petition has been filed by the defendant.

4. The main objection of the revision petitioner is that the powers conferred under Order VI Rule 17 seeking to amend the plaint ca



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