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1969 Supreme(Mad) 74

VEERASWAMI
M. Allauddin – Appellant
Versus
P. S. Lakshminarayanan – Respondent


Advocates:
T. S. Subramaniam for T. R. Srinivasan, for Petitioner; K. Hariharan and P. Viswanathan, for Respondent.

Judgement

ORDER :- This petition is directed against an order of the First Additional District Munsif, Madurai Town, refusing to allow an amendment of the plaint. The suit as laid was for a permanent injunction on the footing that the plaintiff was in possession and that the defendant should be restrained from interfering with it. There was an application for an interim injunction pending disposal of the suit and in the counter affidavit, it seems to have been alleged by the defendant that he was in possession. Thereafter the plaintiff filed the application to add a prayer for recovery of possession. The dismissal of the application was grounded on the supposition of the Munsif that the suit site appeared to have potential value as house site and if the amendment were allowed, the value for the purpose of jurisdiction would probably exceed the Court's powers. On that view the Munsif directed the plaint to be returned for presentation before the Court of the Subordinate Judge of Madurai, which alone, according to him, had jurisdiction to try this suit. There was a further direction that the plaint should be made ready by 16-1-1968 and when the Munsif found that it was not so ready, h





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