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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Prema Dhatri, W/o. K. Gopalakrishnan Rao – Appellant
Versus
Yashoda, W/o. Mr. E. Perumalsamy – Respondent
| Table of Content |
|---|
| 1. verification and handling of encroachment claims (Para 1 , 2 , 3) |
| 2. procedural history of the plaint re-presentation (Para 4) |
| 3. trial court's discretion on delay condonation (Para 5) |
| 4. defendant's basis for challenging trial court's decision (Para 7) |
| 5. court's assessment of the legal need for heirs representation (Para 8 , 9) |
| 6. rights of defendants once plaint is accepted (Para 10 , 11) |
| 7. judicial integrity and respect for trial court's decisions (Para 12 , 13) |
| 8. final dismissal of civil revision petitions (Para 14) |
COMMON ORDER :
R. SAKTHIVEL, J.
Assailing the Fair and Decretal Orders dated March 07, 2022 passed in I.A. Nos.1, 2 and 3 of 2020 in O.S.S.R. No.12647 of 2015 by 'the Principal District Court, Kancheepuram District, Chengalpet' ['Trial Court' for short], the 3rd Respondent/3rd Defendant therein has filed these Civil Revision Petitions under Article 227 of the Constitution of India.
2. The 1st Respondent herein who is the Plaintiff in the Original Suit, filed a Writ Petition in W.P. No.8764 of 2013 challenging the approval of the building plan dated February 23, 2011 issued by the Member Secretary, Chennai Metropolitan Development Authority [CMDA] who is t
Amendments to pleadings under the Code of Civil Procedure are permissible if they do not prejudice the opposing party's rights, and courts should allow necessary modifications to ensure justice.
Belated filing of petitions without valid reasons and allowing suit proceedings to progress without raising objections earlier may lead to dismissal of revision petitions.
An application for amendment of a plaint involving events that occurred during the pendency of a suit is not hit by the proviso to Order VI Rule 17 of the Code of Civil Procedure, as the cause of act....
The necessity of appointing an Advocate Commissioner at the appeal stage is negated when sufficient documentary evidence is already presented.
Court allows belated application for Advocate Commissioner in long-pending suit to aid adjudication and prevent multiplicity of proceedings.
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