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2021 Supreme(Online)(MAD) 40980

HIGH COURT OF MADRAS
Hon`ble Mr Justice G. CHANDRASEKHARAN
RANGANAYAGI – Appellant
Versus
MAYILSAMY – Respondent


O R D E R

This Petition is filed seeking to challenge the order passed in I.A.No.511 of 2019 in O.S.No.209 of 2013 passed by the Learned District Munsif, Dharapuram on 17.07.2020.

2.The Learned Counsel for the Petitioner submitted that the Petitioner filed Suit in O.S.No.209 of 2019 seeking the relief of declaration of title in respect of the Suit property and for the consequential relief of temporary injunction in respect of the Suit property. The Petitioner filed I.A.No.511 of 2019 for amending the plaint for the reason that the Survey number had been wrongly typed in the plaint body and in the description of the property. This is only a typing mistake and is due to oversight and inadvertence. However, this Petition came to be dismissed by the Learned District Munsif, Dharapuram for the reason that the Petitioner has already filed amendment Petition and in that amendment Petition, this amendment was not sought.

3.It is the further submission of the Learned Counsel for the Petitioner that the failure to incorporate the amendments now sought, in the earlier amendment petition is again a mistake committed by oversight and because of the mistake committed by oversight, the rights of th

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