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S. SOUNTHAR
B. S. Dinesh – Appellant
Versus
Duraisamy – Respondent
ORDER :
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
Prayer: Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, praying to set aside the order and decreetal Order dated 26.07.2018 passed in I.A.No. 7 of 2018 in A.S.No. 19 of 2017 on the file of the learned Addl. District Judge (Fast Track) Court at Mettur by allowing the Civil Revision Petition.
The Civil Revision Petition is filed challenging the order passed by the First Appellate Court dismissing the petition filed by the petitioner seeking amendment of the plaint.
2. The petitioner herein filed a suit seeking rectification of boundary number in the Sale Deed executed in his favour as Document No.3182/2006, dated 15.06.2006 on the file of the Sub Registrar, Omalur. The petitioner sought for a direction to Sub Registrar, Omalur to rectify the defects by correcting the survey number as 93/2B instead of 93/1B. The suit was dismissed by the Trial Court mainly on the ground that the petitioner cannot seek a direction to Sub Registrar, Omalur to rectify the survey number instead he should have prayed for direction against respondents 1 to 5/defendants 1 to 5. Aggrieved by the same, the petitioner filed an appeal in A.
Parties may amend their pleadings to include claims for rectification of instruments at any stage of the proceedings under Section 26 of the Specific Relief Act, 1963.
The court ruled that amendment of plaint descriptions is impermissible without prior rectification of the underlying agreement.
The court confirmed that rectification of a deed does not alter the suit's nature if the property's extent remains unchanged.
The court affirmed that rectifying discrepancies in land sale documents must be pursued through civil court, not administrative authorities, maintaining that revenue authorities lack the jurisdiction....
Amendment for typographical error in property description allowed despite trial commencement if no prejudice or surprise caused.
Amendments to pleadings under Order VI Rule 17 CPC are permissible at the appellate stage if necessary for proper adjudication and do not introduce a new cause of action, despite limitations.
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