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2023 Supreme(Mad) 279

S. M. SUBRAMANIAM
N. Aafra Farzana – Appellant
Versus
Khwaajaa Moinuddin – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S. Vinoth Kumar.
For the Respondent: S. Viswanathan.

ORDER :

Prayer: The Civil Revision Petition is filed under Article 227 of the Constitution of India against the order dated 08.11.2022 passed in I.A. No. 3 of 2022 in O.S. No. 33 of 2021 on the file of the Sub Court at Tambaram.

1. The present Civil Revision is filed against the order dated 08.11.2022 passed in I.A. No. 3 of 2022 in O.S. No. 33 of 2021 on the file of the Sub Court at Tambaram.

2. The revision petitioner is the defendant in the suit and the respondent-husband instituted the suit in O.S. No. 33 of 2021 to cancel the marriage solemnised between the petitioner and the respondent as per Muslim Rites and Customs.

3. It is not in dispute between the parties that the examination and cross-examination were concluded and the suit is posed for the argument of the parties.

4. At that point of time, the respondent-husband filed I.A. No. 3 of 2022 in O.S. No. 33 of 2021 under Order VI, Rule 17 of the Code of Civil Procedure to amend the prayer in the plaint. Due to oversight, they have sought for cancellation of marriage. However, it is just and necessary to amend the prayer in the plaint for the purpose of declaring the marriage as null and void.

5. The Trial Court adjudicated the In

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