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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
Senkuttuvan – Appellant
Versus
Kirubanandham – Respondent
| Table of Content |
|---|
| 1. petitioner filed a suit (Para 2 , 3) |
| 2. defendant's knowledge of subdivision (Para 4 , 5 , 6) |
| 3. determining the real questions (Para 7 , 8) |
| 4. amendment of pleadings (Para 9) |
| 5. amendments permissible (Para 10) |
| 6. contradictory stand not permitted (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 7. order of appellate court upheld (Para 17) |
ORDER :
A.D. Jagadish Chandira, J.
An order passed by the Appellate Court viz., Principal District Judge, Ariyalur dated 23.11.2022 in I.A.No.1 of 2021 in A.S.No.13 of 2018 allowing the amendment sought for by the plaintiff has been put to challenge in the present civil revision petition by the defendant.
2. Brief facts of the case are as under:-
i) The petitioner herein had filed a suit in O.S.No.10 of 2010 on the file of the learned Sub Judge, Ariyalur seeking for a declaration and permanent injunction in respect of the suit property describing the same as one falling under Survey No.182/25.
ii) The suit was contested by the respondent herein and after a full-fledged trial, the Trial Court had dismissed the suit, against which, the petitioner herein had filed an Appeal Suit in A.S.No.13 of 2018.
iii) Pending the Appeal Suit, the petitioner had filed a
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.
Amendment for typographical error in property description allowed despite trial commencement if no prejudice or surprise caused.
Point of law: Order VI Rule 17 Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments sh....
The court ruled that amendment of plaint descriptions is impermissible without prior rectification of the underlying agreement.
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