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2025 Supreme(Online)(Mad) 54942
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.R. Shriram, CJ, Sunder Mohan, J
P.Gnana Baskara Guptha – Appellant
Versus
S.Murugesan, Proprietor, M/s.Sri Jayamurugan Traders – Respondent
L.P.A.Nos.21 and 22 of 2025|O.S.A. (CAD) No.60 of 2025
For the Appellants/Petitioners: Ms.Gladys Daniel
For the Respondents:Mr.T.Sai Krishnan for respondent No.1
The decision to amend a plaint rests with the plaintiff, where amendment is deemed unnecessary during trial proceedings.
Headnote:The court reviewed an order dated 27th March 2024, requiring the appellant to amend the plaint due to rectification applications by the original defendant No.2. The appellant's counsel, instructed not to amend the plaint but to continue with the suit, stated this was accepted. The court indicated that the decision to amend was solely up to the plaintiff, noting defendants could contest this issue, but did not express an opinion on the merits of the case. The learned Single Judge was instructed to continue trial without insisting on the amendment. Appeals were disposed of without costs.
| Table of Content |
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| 1. amendment of plaint is at the plaintiff's discretion. (Para 1 , 2) |
| 2. defendants can contest non-amendment. (Para 3) |
| 3. trial to proceed without mandatory amendment. (Para 5) |
For Appellant : Ms.Gladys Daniel For Respondents : Mr.T.Sai Krishnan for respondent No.2 COMMON JUDGMENT (Delivered by the Hon'ble Chief Justice)
Plaintiff impugns an order dated 27th March, 2024 directing plaintiff to amend the plaint, in view of the rectification applications filed by original defendant No.2.
2. Ms.Gladys Daniel states that her instructions are not to amend the plaint or bring on record the subsequent developments, but to proceed with the suit. Statement of Ms.Gladys Daniel is accepted.
3. Mr.Sai Krishnan states that it is up to plaintiff to decide and defendants will raise all contentions, including the fact that non-
amendment of the plaint is fatal to plaintiff.
4. We express no opinion on the rival points raised.
5. The learned Single Judge shall proceed with the trial without insisting on this amendment.
6. Appeals are disposed of. There shall be no order as to costs.
Consequently, interim applications are closed.
