S.PALANIVELU
C. D. Varadarajan – Appellant
Versus
S. Mohan & Another – Respondent
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
2007 (1) SCC 765 [State Bank of Hyderabad v. Town Municipal Council]
Kaliathal v. Murugathal and other [2006 (5) CTC 580]
2005 (5) CTC 619 [Rameeza Beevi and others v. S. Mohammed Ibrahim]
2003 (2) CTC 437 = 2003 (6) SCC 79 [ Punjab National Bank v. Indian Bank and
AIR 2001 SC 699 [Ragu Thilak D. John v. S. Rayappan and others]
2005 (4) CTC 664 [Thiru Alankadu Immudi Ahora Dharma Sivachariar Aiyra Vaisya
2006 (5) CTC 475 [Kodiammal v. Sarangapani]
2007 (6) SCC 737 [Ramachandra Sakharam Mahajan v. Damodar Trimbak Tanksale
2004 (6) SCC 415 [Pankaja and another v. Yellappa (dead) by LRs. and others]
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.