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2013 Supreme(Mad) 799

S.Vimala
S. Arumugam, S/o. Sonai – Appellant
Versus
Sathy, W/o. Shanmugam, Velipattinam, Ramanathapuram – Respondent


ADVOCATES APPEARED:
V. Raghavachari, for Petitioners M. Subash Babu, for Respondent

ORDER

1. As against the order of dismissal of the petition filed under Order VI Rule 17 C.P.C., seeking amendment of pleadings by the learned District Munsif, Ramanathapuram in I.A. No. 373 of 2011 in O.S. No. 50 of 2006 dated 18.8.2011, the petitioners have filed this Civil Revision Petition.

2. The revision petitioners herein have filed a suit in O.S. No. 50 of 2006 on the file of the District Munsif Court, Ramanathapuram, seeking the relief of declaration and recovery of possession.

3. Denying the allegations in the suit, the respondent/defendant has filed a written statement.

4. During the pendency of the suit, the revision petitioners herein have filed a petition in I.A. No. 373 of 2011 in O.S. No. 50 of 2006 under Order VI Rule 17 C.P.C., seeking amendment of pleadings. The respondent opposed the said petition.

5. On consideration of the rival contentions, the learned District Munsif, Ramanathapuram dismissed the petitioner on the ground that the object of the petitioner is only to protract the proceedings. Hence, this Civil Revision Petition.

6. According to the learned counsel for the petitioner, originally the suit was filed seeking the relief of declaration and recovery of poss












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