SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Mad) 1484

KRISHNAN RAMASAMY
O. P. Ravindran – Appellant
Versus
M. S. Subbaiah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vijay B.
For the Respondents: R. Udayakumar for T. Ramachandran

ORDER :

Krishnan Ramasamy, J.

1. This Civil Revision Petition has been filed challenging the order dated 12.12.2018 made in I.A. No. 1228 of 2017 in O.S. No. 568 of 2006 on the file of the Additional District Munsif Court, Alandur.

2. I.A. No. 1228 of 2017 was filed by the petitioner/plaintiff for the purpose of amending the plaint. The contention of the Revision Petitioner is that originally in the plaint he has stated that there was an encroachment to the extent of 300 sq. ft. in the suit schedule property. Subsequently, the Court appointed the Advocate Commissioner at plaintiff's request to measure and note down the physical features of the suit schedule property on 17.12.2012. The Advocate Commissioner's report reflects that the entire property of 2400 sq. ft. is under the occupation of the respondent herein. Therefore, he filed the I.A. No. 1228 of 2017 to amend the plaint by incorporating the extent of encroachment as 2400 sq. ft. instead of 300 sq. ft. The Court below after hearing the parties has dismissed the application stating that the suit is pending for defendant's side evidence and allowing the said application will change the nature and character of the suit. Aggrieved

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top