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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Erode Appachi Nagar Merkku Pakuthi Veetu Urimaiyalarkal Marrum Kudiyiurppor Nalasangam, Represented by its President – Appellant
Versus
D.Jayachandran – Respondent
ORDER :
R. SAKTHIVEL, J.
Feeling aggrieved by the Fair and Final Order dated March 29, 2023 passed by the ‘Principal Subordinate Court, Erode' ['Trial Court' for convenience] in the Interlocutory Application filed under Order VI Rule 17 and Section 151 of the 'Code of Civil Procedure, 1908' ['CPC' for short], in I.A.No.4 of 2020 in O.S.No.177 of 2016, the fourth respondent therein has preferred this Civil Revision Petition under Article 227 of the Constitution of India.
2.The Revision Petitioner herein is the Fourth Defendant;Respondent Nos.1 and 2 herein are the plaintiffs; and Respondent Nos.3 to 5 herein are the Defendant Nos.1 to 3 in the Original Suit in O.S.No.177 of 2016 on the file of the Trial Court. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
3.The Suit Schedule Properties consist of Schedule 'A', 'B' and 'C' properties. The Plaintiffs filed a Suit for declaration of title and delivery of possession in respect of Suit 'B' Schedule Property; declaration of title in respect of Suit 'C' Schedule Property and consequential relief of permanent injunction in respect of Suit 'C' Schedule Property not to interfere
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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.
An amendment of the plaint under Order VI Rule 17 CPC can be allowed even if it changes the nature of the suit, provided that the petitioners have exercised due diligence in filing the amendment peti....
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