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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
M.Govindarajan – Appellant
Versus
Soodamani – Respondent
| Table of Content |
|---|
| 1. discussion surrounding the amendment application and its context. (Para 1 , 2 , 3 , 4) |
| 2. examination of case laws and their applicability regarding amendments. (Para 5 , 6 , 9 , 10 , 12) |
| 3. conclusion on the rights accrued and issue of limitations. (Para 21 , 23 , 24) |
ORDER
The plaintiff, aggrieved by the order of dismissal of an application for amendment of the plaint, has come up by way of the present revision petition.
2.I have heard Mr.P.Valliappan, learned Senior Counsel for M/s.P.V.Law Associates for the petitioner/plaintiff and Mr.V.Raghavachari, learned Senior Counsel for Mrs.V.Srimathi, learned counsel for the respondents/defendants.
3.Mr.P.Valliappan, learned Senior Counsel for the petitioner would submit that the suit is one for partition of the suit property and claiming 1/5 share in the same. He would further submit that in the written statement, the defendants had contended that the father had executed a registered settlement deed as early as on 16.07.2013 in favour of the 3rd respondent herein. According to the learned Senior Counsel for the petitioner, the said settlement deed is a fabricated document having been brought about by fraud and coercion and
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