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2015 Supreme(Mad) 2883

K.K.SASIDHARAN
T. Thombaralingam – Appellant
Versus
State rep. By District Collector, Tiruvalllur District – Respondent


Advocates:
Advocate Appeared:
For Petitioner: Mr.V.Lakshminarayanan
For Respondent:Mr.M.S.Subramanian, for 3rd respondent

ORDER

The petitioner woke up from slumber during the final stage of the original suit filed by her and filed applications to reopen the matter, to implead a party to the suit and to amend the relief. The applications were dismissed by the Trial Court both on the ground of delay and on merits. Feeling aggrieved, the unsuccessful petitioner is before this Court.

Facts in summary:-

2. The petitioner filed a suit in O.S.No.113/2005 against the District Collector, Tiruvallur and the Tahsildar, Ponneri, praying for a decree of permanent injunction restraining them from altering the revenue records pertaining to the property bearing No.10, Sirulapakkam Village, Ponneri Taluk. The third respondent was impleaded as a party to the suit, pursuant to her application.

3. The Trial Court framed issues taking into account the plaint averments and the written statement filed by the third respondent. The parties adduced evidence and thereafter, the matter was posted for arguments. While so, the petitioner filed three interlocutory applications with three distinct reliefs. The petitioner wanted to amend the plaint and convert the suit into one of declaration.

4. The interlocutory applications were op



















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