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2009 Supreme(Mad) 429

S.PALANIVELU
C. D. Varadarajan – Appellant
Versus
S. Mohan & Another – Respondent


Advocates Appeared:
For the Petitioner:R. Thiagarajan, Advocate.
For the Respondents:M.S. Subramanian, Advocate.

Judgment :-

The petitioner is defendant in O.S.No.338 of 1999 on the file of the District Munsif Court, Chengalpattu. The respondent filed the suit for permanent injunction restraining the defendant from in any manner putting up construction in the specified area and for a mandatory direction to the defendant to demolish the already constructed wall and pillars in the suit property. After the commencement of trial i.e., while the suit was at part heard stage, the respondents/plaintiffs filed an application under Order 6 Rule 17 and under Section 151 of C.P.C to amend the plaint to introduce certain particulars in the Schedule as regards Survey Numbers.

2. (i) In the affidavit filed by these respondents it is alleged that while the first respondent was in the box, he was cross examined by the defendants Counsel to the effect that the Survey Numbers of the house property purchased by him and his wife were not furnished in the plaint. If the Survey Numbers are given in the Schedule, it would be easy for determination. Hence, the amendment application may be allowed.

2.(ii) Particulars of Amendment:

In the suit schedule of property add the following after the words "Gandhi Street (Old M
































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