The main legal point established in the judgment is that the relief claimed in a suit becoming infructuous due to subsequent events can impact the amendment of the plaint and the proper procedure for allowing amendments without deciding the matter.

JUDGMENT

(Prayer in C.R.P(MD)No.1110 of 2019: Civil Revision Petition under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 18.03.2019 made in I.A.No.1 of 2019 in O.S.No.600 of 2018 before the learned I Additional Subordinate Judge, Tiruchirappalli and allow the Civil Revision Petition.

C.R.P(MD)No.1111 of 2019: Civil Revision Petition under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 18.03.2019 made in I.A.No.2 of 2019 in I.A.No.449 of 2018 in O.S.No.600 of 2018 before the learned I Additional Subordinate Judge, Tiruchirappalli and allow the Civil Revision Petition.)

Common Order

1. C.R.P(MD)No.1110 of 2019 has been filed to set aside the fair and decreetal order, dated 18.03.2019 in I.A.No.1 of 2019 in O.S.No.600 of 2018 passed by the learned I Additional Subordinate Judge, Tiruchirappalli.

C.R.P(MD)No.1111 of 2019 has been filed to set aside the fair and decreetal order, dated 18.03.2019 in I.A.No.2 of 2019 in I.A.No.449 of 2018 in O.S.No.600 of 2018 passed by the learned I Additional Subordinate Judge, Tiruchirappalli.

2. The parties are referred to as per the rank mentioned before the Court below.

3. The petition in I.A.No.1 of 2019 in O.S.No.600 of 2018 was filed by the plaintiffs under Order 6 Rule 17 of Civil Procedure Code to amend the plaint.

4. Heard on either side. Perused the material documents available on record.

5. These Civil Revision Petitions are filed on the ground that the Court below has failed to consider that the entire plaint, the plaintiffs have made averment on the basis of the relief claimed in the suit in O.S.No.600 of 2018. But, the relief claimed in the suit itself is infructuous in view of the subsequent events. The Court below ought not to have allowed the application for amendment, when the petitioners herein have pleaded that the prayer of the suit become infructuous on the ground that the petitioners were elected for Triennium 2018-2021 in pursuant to the election conducted by the society. The Court below ought to have considered that the defendant Nos.1, 26, 40 & 41 have filed their written statement on 12.11.2018 and in the written statement they have not pleaded with regard to the election conducted for the Trineenium 2018-2021 on 26.08.2018 and produced or marked any documents before the Court in the interlocutory Applications, without pleading and without any documents, the Court below has rendered such findings. The Court below has no power to order to amend the plaint filed by the respondents, in the absence of any amendment sought for in the plaint which leads to inconsistency between the plaint prayer and to amend the I.A.No.449 of 2018 filed by the respondents and it goes beyond the scope of the suit.

6. The petition in I.A.No.2 of 2019 in I.A.No.449 of 2018 in O.S.No.600 of 2018 was filed by the plaintiffs under Order 6 Rule 17 read with Section 151 of Civil Procedure Code to amend the affidavit, petition and prayer in I.A.No.449 of 2018 in O.S.No.600 of 2018.

“6. Originally, the plaintiffs have filed a suit in O.S.No. 600 0f 2018 to grant a mandatory injunction to admitter all the affairs of the society by appointing a receiver to take charge of the administration of the schools and institutions including the VSMI Marriage hall run by the MAJILS UL ULAMA society as described in description of the property to collect all incomes, fees and credit the same into the bank accounts to be newly opened and withdraw the same if need to be meet out the expenses of the institutions and to manage the affairs of the MAJILS UL ULAMA society in all aspects till new officer bearers for the MAJILS UL ULAMA society is elected for the triennium 2018-2021 as per the provision of Tamil Nadu Society Registration Act, 1975 with the list of Members as per form VI lastly taken on file by the District Registrar of Society, Tiruchirappalli on 30.12.2009 by secret ballot etc.,

(ii). to grant a decree of permanent injunct