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MADRAS HIGH COURT
D.SELVAM – Appellant
Versus
K.VIDUVBALAN – Respondent
CRP 3973 2023
AMENDMENT OF PLAINT - ADDITIONAL DOCUMENTS - [Order 6 Rule 17 CPC] - [Order 13 Rule 2 CPC] - [Order 6 Rule 17 CPC] - [Order 13 Rule 2 CPC] - Amendment of plaint and filing of additional documents allowed as trial not commenced and necessary for effective adjudication.
Fact of the Case:
The petitioner filed a suit in 2016. After 7 years, the petitioner filed applications seeking to amend the plaint and file additional documents. The trial court dismissed the applications on the ground that they were not maintainable after such a long delay and after the commencement of the trial. The petitioner filed civil revision petitions challenging this order.
Finding of the Court:
The High Court allowed the civil revision petitions and set aside the trial court's order. The court held that the trial had not yet commenced and that the amendment and additional documents were necessary for the effective adjudication of the dispute. The court also noted that the amendment did not change the nature of the suit.
Issues: Whether the trial court erred in dismissing the applications for amendment of plaint and filing of additional documents.
Ratio Decidendi: The court relied on Order 6 Rule 17 CPC and Order 13 Rule 2 CPC to hold that the amendment of plaint and filing of additional documents was permissible as the trial had not yet commenced and the documents were necessary for the effective adjudication of the dispute.
Final Decision: The High Court allowed the civil revision petitions and set aside the trial court's order. The court allowed the amendment of plaint and filing of additional documents.
CRP Nos.3973 & 3974 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2023
CORAM :
THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI
Civil Revision Petition Nos.3973 & 3974 of 2023
and
C.M.P.Nos.24392 & 24397 of 2023
D.Selvam
S/o.Doss
... Petitioner in both revisions
Vs.
1.K.Vidubalan
S/o.Krishnan
2.K.Muthuramalingam
S/o.Krishnan
...Respondents in both revisions
Common Prayer : Civil Revision Petitions filed under Article 227 of
Constitution of India, against the order dated 27.09.2023 passed in
I.A.No.5 of 2023 in O.S.No.5962 of 2016 by XVI Assistant City Civil
Court, Chennai and the order dated 25.09.2023 passed in I.A.No.4 of
2023 in O.S.No.5962 of 2016 by XVI Assistant City Civil Court,
Chennai.
For Petitioner
:
Mr.M.Praveen Kumar
[in both revisions]
For Respondents
:
No appearance
[in both revisions]
*****
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CRP Nos.3973 & 3974 of 2023
ORDER
Challenging the impugned orders passed in I.A.Nos.4 and 5 of
2023 in O.S.No.5962 of 2016 dated 27.09.2023, these Civil Revision
Petitions have been filed.
2. Learned counsel appearing for the petitioner/plaintiff submits
that the applications have been seeking to amend the plaint and to file
additional documents. On hearing both sides, the Trial Judge had
dismissed the same on the ground that after more than 7 years and after
the commencement of trial, the applications are not entertainable.
Aggrieved over the same, these civil revision petitions have been filed.
3. Learned counsel appearing for the petitioner/plaintiff submits
that the learned Trial Judge has failed to consider the applications for
amendment and to file additional documents because those applications
are necessary for proper and effective adjudication of the dispute
between the petitioner and the respondents. Learned counsel further
submits that allowing of the amendment petition did not change the
nature of the suit.
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CRP Nos.3973 & 3974 of 2023
4. Records perused. Considering the submissions made by the
learned counsel appearing for the petitioner/plaintiff and since the trial
has not commenced, the interlocutory applications in I.A.Nos.4 and 5 of
2023 in O.S.No.5962 of 2016 are allowed.
5. Accordingly, these Civil Revision Petitions are allowed. No
costs. Connected miscellaneous petitions are closed.
21.12.2023
Index : Yes/No
Speaking/Non Speaking order
Neutral Citation:Yes/No
mp
To
1.The XVI Assistant City Civil Court,
Chennai.
2.The Section Officer,
VR-Section, High Court of Madras.
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https://www.mhc.tn.gov.in/judis
CRP Nos.3973 & 3974 of 2023
T.V.THAMILSELVI, J.
mp
CRP.Nos.3973 & 3974 of 2023
21.12.2023
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