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2023 Supreme(Online)(MAD) 36668

MADRAS HIGH COURT
Arulmigu Akkaraipatti Ponkaliamman – Appellant
Versus
R.Periyasamy – Respondent


ORDER

The Civil Revision Petition has been filed to set aside the Fair order and Decreetal order dated 11.11.2021 passed in I.A.No.2 of 2021 in O.S.No.156 of 2014 by the Hon'ble 1st Additional District Court, Erode.

2. The 5th defendant in the suit is the revision petitioner. The first respondent herein is the plaintiff and instituted a suit for Partition and Separate Possession of the suit properties. The plaintiff filed an Interlocutory Application under Order 6 Rule 17 and Section 151 of Civil Procedure Code, seeking to amend the plaint. The trial adjudicated the issues and allowed the Interlocutory Application filed to amend the plaint.

3. The revision petitioner / 5th respondent is Arulmigu Akkaraipatti Ponkaliamman Arulmigu Akkaraipatti Muthusamy and Arulmigu Molipili Annamar Swami Deities, represented by the Executive Officer.

4. The learned Special Government Pleader appearing on behalf of the revision petitioner mainly contended that the trial Court has committed an error in not considering the vital ground raised by the revision petitioner that notice under Section 80 of C.P.C., was not at all issued by the plaintiff to the revision petitioner/Temple, which is administered by

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