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2022 Supreme(Online)(MAD) 31049

HIGH COURT OF MADRAS
Hon`ble Mrs Justice TV. THAMILSELVI
D.SHANMUGAM – Appellant
Versus
V.PONNUSAMY – Respondent


O R D E R

The Revision Petitioners herein are the plaintiffs in the suit in O.S.No.108 of 2013, on the file of Sub-Court, Bhavani for the relief of declaration to declare the sale deed dated 07.03.2013 as null and void on the ground that it was fraudulently created by the 1st defendant colluded with the 3rd defendant and other reliefs.

2. The said suit was contested by the defendants by filing their written statement. Issues were framed and evidences were examined on the side of plaintiffs and on the side of defendants, D.W.1 and 2 were examined. At that time, the plaintiffs filed an application in I.A.No. 797 of 2017 under Order 6 Rule 17 of C.P.C. praying to amend the pleadings, more particularly, with regard to payment of court fee. The said application was strongly objected by the defendants stating that even at the time of filing written statement, he disputed the prayer claimed by the plaintiffs, but after completion of examination of witnesses, they filed this application to amend the prayer, as such is not maintainable in law and also contended that no reason assigned by the plaintiff for filing the said application belatedly. On considering submissions of both sides, the tr

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