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2022 Supreme(Online)(MAD) 24450

HIGH COURT OF MADRAS
HON`BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP
Jagadeesan – Appellant
Versus
Saravanan – Respondent


O R D E R

This Petition has been filed to set aside the fair and deecretal order dated 11.01.2021 made in I.A.No.04 of 2019 in O.S.No.120 of 2019 on the file of the Ld. District Munsif, Sathyamangalam.

2. The learned Counsel for the Petitioners submitted that the Petition is filed by the Plaintiffs before the trial Court. The Plaintiffs had filed a Suit in O.S.No.120 of 2019 before the learned District Munsif, Sathiyamangalam, Erode District for the relief of injunction against the Respondent who is the Defendant before the trial Court. Pending the suit, prior to the commencement of trial, the Plaintiff had filed a Petition for amendment of the Plaint in I.A.No.4 of 2019 in O.S.No.120 of 2019. The Respondent herein as Respondent in I.A.No.4 of 2019 and Defendant in the Suit had vehemently resisted the amendment stating that it altered the cause of action. The Petitioner is trying to alter the cause of action. Therefore, the valuable defence available to the Respondent/Defendant will be lost. Based on the objection of the Defendant as Respondent in this Interlocutory Application, the learned District Munsif, Sathiyamangalam, as per the order in I.A.No.4 of 2019 in O.S.No.120 of 2019

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