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IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.LAKSHMINARAYANAN, J
Thirumangalam Pandiyakula Kashtriya nadargal Uravinmurai Nirvaga Committee (Reg. No.94/79) By its Secretary P.K. Boominathan – Appellant
Versus
Kanda Blue Metals Kanda Sands and Stones By its Owner/Authority Savithri – Respondent
| Table of Content |
|---|
| 1. suit facts and amendment application for valuation error. (Para 2 , 3) |
| 2. trial court dismissal for lack of explanation. (Para 4) |
| 3. permissibility of amendment under order vi rule 17 pre-trial. (Para 6 , 7) |
| 4. revision allowed, order set aside. (Para 8 , 9) |
O R D E R
This Civil Revision Petition challenges the order passed by the learned VI Additional District Judge at Madurai in dismissing an application filed for amendment.
2.The plaintiff is the Civil Revision Petitioner. As a society, it presented a suit for permanent injunction, restraining the defendant from interfering with the peaceful possession and enjoyment of the suit property. Summons were served on the defendant. Defendant has also filed a written statement. When the matter was to be taken up for trial, the plaintiff noticed that the suit had originally been valued for Rs.10,00,000/- and the Court fee of Rs.30,000/- had been paid. It was at that stage, the plaintiff noticed that instead of valuing the suit at Rs.10,00,100/-, by typographical and clerical error, it had been wrongly typed as Rs.10,00,000/-.
3.In order to rectify the same, the society filed an application under Order VI Rule 17 to amend the
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