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2021 Supreme(Online)(MAD) 6842

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
R. MANI – Appellant
Versus
AMUDHAN@AMUDHAN BASKAR – Respondent


ORDER

This civil revision petition is directed as against the order dated 10.02.2015 passed in IA.No.26 of 2014 in AS.No.9 of 2012 on the file of the Additional District Judge No.IV, Ponneri thereby allowing the petition for amendment.

2. The petitioner is the defendant in the suit filed by the respondent herein for specific performance. The suit property is comprised in S.No.64/1 and in the schedule of the property mentioned as S.No.62/1. Though the suit was decreed in favour of the respondent, the respondent failed to note the survey No. mentioned in the schedule of the property. Aggrieved by the said judgment and decree, the petitioner preferred appeal suit. While pending the appeal suit, the respondent filed petition for amendment to amend the survey No.64/1 instead of 62/1 and the reason for amendment stated that it is a typographical error and the same was allowed and aggrieved by the same, the present civil revision petition is filed.

3. The learned counsel for the petitioner would submit that the amendment sought for in spite of due diligence, the respondent could not raise the issue before the trial court and even before the commencement of trial. He further submitted that i

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