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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
Lakshmipriya – Appellant
Versus
Tamizhazhagan – Respondent
ORDER :
S. SOUNTHAR, J.
The Civil Revision Petition is filed challenging the order passed by the Principal District Munsif’s Court, Kallakurichi in I.A.No.1891 of 2022 in O.S.No.106 of 2019, dated 18.02.2023 allowing the application filed by the respondents 1 to 4/plaintiffs seeking amendment of the plaint.
2. Originally, the respondents 1 to 4 herein filed a suit for permanent injunction restraining the petitioner and other defendant from altering the physical features in the suit property. Now, the instant application has been filed by the respondents 1 to 4/plaintiffs seeking amendment of the plaint to include prayer for mandatory injunction on the ground that the defendants had put up construction in the suit property pending suit. The said amendment application was allowed by the Trial Court. Aggrieved by the same, the petitioner/3rd defendant has come before this Court.
3. The learned Senior Counsel appearing for the petitioner submitted that as per the Advocate Commissioner's report filed before the Trial Court on 13.08.2019, there were construction activities in the suit property even on 08.08.2019 and therefore, the instant application filed by the respondents 1 to 4 seeking i
Court affirmed that amendments can be allowed liberally, considering ongoing developments in a case and applicable exclusions from limitation due to exceptional circumstances.
The limitation for seeking a mandatory injunction begins from the date of actual encroachment, not from the completion of construction.
The timing of the construction by the 4th respondent and the allowance of the amendment application with a clarification on its effective date were central legal points established in the judgment.
Amendments for injunction relief should not be disallowed solely based on delay if they are material in determining justice.
Amendments to pleadings should be allowed to determine real questions in controversy, without adjudging their merits at the amendment stage.
Amendment in plaint – Delay in filing application for amendment by itself cannot be a ground for rejecting application.
Amendments to pleadings under the Code of Civil Procedure are permissible if they do not prejudice the opposing party's rights, and courts should allow necessary modifications to ensure justice.
The court affirmed the plaintiffs' right to seek injunction against unauthorized construction, ruling the suit maintainable despite claims of limitation and jurisdiction.
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