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2009 Supreme(Mad) 137

N.PAUL VASANTHAKUMAR
C. V. Rambabu – Appellant
Versus
V. C. Jayanthi – Respondent


Advocates appeared:
R. Subramanian, for Petitioner
M. Rajaraman, for Respondent

ORDER

This Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the Order dated 20.10.2006 made in I.A. No. 131 of 2006 in O.S. No. 632 of 2001 on the file of the Additional District Mun^if Court, Madurai Town.

2. The petitioner, who is a plaintiff in O.S. No. 632 of 2001 on the file of the Additional District Munsif Court, Madurai Town, has filed the above suit seeking permanent injunction restraining the respondent/defendant from interfering with his peaceful possession, in the said suit, the respondent herein filed a Written Statement by stating that the suit filed without seeking to set aside the Sale Deed dated 5.11.1990 is not maintainable. In order to meet the technical objection, the petitioner filed an application in I.A. No. 131 of 2006 for amending the plaint to include the prayer for declaration that the Sale Deed dated 5.11.1990 is not binding on the plaintiff, as the same was sham and nominal.

3. The respondent filed a counter affidavit and opposed the amendment application. The said amendment application was dismissed by the learned Additional District Munsif, Madurai town by holding that the amendment application was filed after l
































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