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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.SENTHILKUMAR
Thiraviam Chettiar – Appellant
Versus
Maragathavalli – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3 , 4) |
| 2. argument regarding the necessity of the amendment. (Para 5) |
| 3. court's observations on amendment application (Para 6 , 12 , 14 , 15) |
| 4. ratio decidendi on amendment application and limitation (Para 7 , 19) |
| 5. arguments from the petitioner and respondents (Para 8 , 10) |
| 6. court's observations on the relevance and impact of the amendment. (Para 16 , 18) |
| 7. final conclusion and order (Para 20) |
ORDER :
N. SENTHILKUMAR, J.
1. The Civil Revision Petition has been filed challenging the impugned order passed by the learned Additional District Munsif, Valliyoor in I.A.No.1 of 2019 in O.S.No.80 of 2016, dated 04.01.2021.
2. The Revision Petitioner is the plaintiff in the suit in O.S.No.80 of 2016.The suit was filed with the prayer to declare that the release deed, dated 30.09.2011 which was registered as Doc.No.6745, before the Sub Registrar Officer, Radhapuram, is not binding on the half of the share of the Revision Petitioner/plaintiff in O.S.No.80 of 2016 and further pleaded, that the Revision Petitioner/plaintiff is having the absolute right over the property and the defendant, namely, Arumuga Chettiar and others did not hav
The court reaffirmed that while amendments to pleadings should generally be allowed for justice, they may be dismissed if filed after significant delay without justification, especially if they chang....
Amendment of plaint – All amendments which are necessary for determination of real question in controversy between parties are required to be allowed, unless proposed amendment has propensity to caus....
Court's discretion allows amendments even if time-barred, provided they don't change the suit's nature and serve justice.
The court held that the issue of limitation is a mixed question of law and fact, necessitating a full trial for resolution.
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