C.R.P(PD).No.1863 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2022

CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA

C.R.P.(PD).No.1863 of 2022

and C.M.P.No.9486 of 2022

Valliammal (died)

1.Krishnan

2.Raman

3.Selvaraj

4.Perumal

5.Kaveri

... Petitioners

..Vs..

M.Pandurangan

... Respondent

Prayer:- Civil Revision Petition is filed under Article 227 of Constitution

of India, against the fair and decreetal orders dated 18.11.2021 passed in

I.A.No.663 of 2021 in I.A.No.500 of 2021 in O.S.No.519 of 2005 on the

file of the District Munsif Court, Harur.

For Petitioners : Mr.P.Mani

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C.R.P(PD).No.1863 of 2022

O R D E R

This Civil Revision Petition has been preferred challenging the

order of the learned District Munsif, Harur, dated 18.11.2021 made in

I.A.No.663 of 2021 in I.A.No.500 of 2021 in O.S.No.519 of 2005.

2.The revision petitioners are the plaintiffs. The deceased first

plaintiff has filed a suit in O.S.No.519 of 2005 for the relief of specific

performance and permanent injunction. During the pendency of the suit,

the first plaintiff died and the plaintiffs 2 to 6 are arrayed as legal heirs of

the deceased first plaintiff. However, the suit was dismissed for default

on 10.08.2016 and later the suit was restored on application. Thereafter,

the first defendant filed a petition in I.A.No.500 of 2021 for setting aside

the ex-parte order passed against him on 10.08.2016. During the

pendency of the said petition, he also filed a petition in I.A.No.663 of

2021 to amend certain particulars in the affidavit filed in I.A.No.500 of

2021 and the said petition was allowed. Aggrieved over that, the

plaintiffs/petitioners have filed this revision petition.

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C.R.P(PD).No.1863 of 2022

3.The learned counsel for the petitioners submitted that by way of

amendment, the first respondent/first defendant attempts to change the

entire averments made in the affidavit; by amending the dates and other

particulars, the first respondent tries to take advantage and improve his

petition and that cannot be allowed.

4.On perusal of the records and particulars of amendment which is

sought to be amended, it is seen that the revision petitioners

predominantly wanted to amend certain dates and include the correct

words of the Court while passing the ex-parte order. Despite, these

amendments are allowed, the character of the petition does not change.

The suit is still pending and the petition filed by the first respondent/first

defendant for setting aside the ex-parte order also still pending. Under

such circumstances, if the amendment petition is not allowed, that will

only hamper the proceedings further. The merits of the first

respondent/first defendant claim can be tested in I.A.No.500 of 2021,

which is filed for setting aside the ex-parte order. Since the learned trial

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C.R.P(PD).No.1863 of 2022

Judge has rightly dealt the issue and allowed the petition for amendment,

I do not find any reason for interference.

5.With these observations, this Civil Revision Petition is dismissed

and the order of the learned District Munsif, Harur dated 18.11.2021

made in I.A.No.663 of 2021 in I.A.No.500 of 2021 in O.S.No.519 of

2005, is hereby confirmed. In view of the above amendment, the learned

District Munsif, Harur is directed to give an opportunity to the revision

petitioners for filing additional counter. No costs. Consequently,

connected Miscellaneous Petition is closed.

11.07.2022

vkr

Index:Yes No

Speaking Order:Yes/No

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C.R.P(PD).No.1863 of 2022

To

1.The District Munsif Court,

Harur.

2.The Section Officer,

VR Section, Madras High Court,

Chennai.

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C.R.P(PD).No.1863 of 2022

R.N.MANJULA,J.

vkr

C.R.P.(PD).No.1863 of 2022

and C.M.P.No.9486 of 2022

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