C.Ganesan v. C.Gandhi

ORDER This Civil Revision Petition has been filed challenging the impugned order dated 21.08.2025, passed by the II Additional District and Sessions Court, Arakkonam, Ranipet District in I.A.No.5 of 2024 in O.S.No.5 of 2024.

¶2In the aforesaid order, the application filed by the 1st respondent/plaintiff seeking to amend the pleadings in the plaint under Order VI Rule 17 of Civil Procedure Code, as detailed in the petition has been allowed.

¶3The petitioners before this Court are some of the defendants in the suit. Learned counsel for the petitioners would submit that erroneously the Trial Court has allowed the amendment application, even though according to him the amendment sought for by the 1st respondent/plaintiff is barred by limitation.

¶4No useful purpose will be served if this Court interferes with the impugned order at this stage, when the Suit is in the part heard stage before the Trial Court.

¶5No prejudice will be caused to the petitioners if this Court without going into the merits of the impugned order protects the petitioners' interest by Page3 of 5 permitting them to cross examine the plaintiff's witness with regard to the contentions raised by them before this Court through this Civil Revision Petition which includes the plea of limitation and also permits the petitioners/defendants 1 and 6 to raise all objections with regard to the amendment pursuant to the impugned order in the main suit. Since the application for amendment had been allowed under the impugned order, the petitioners must also be granted liberty to file additional written statement in the Suit. Once the additional written statement is filed, the Trial Court will also have to frame additional issues based on the pleadings found in the additional written statement filed by the petitioners/defendants 1 and 6.

¶6Accordingly without interfering with the impugned order and without going into the merits of the same, this Civil Revision Petition is disposed of by issuing the following directions.

(a) The petitioners are directed to file additional written statement pursuant to the impugned order allowing the amendment application filed by the 1st respondent/plaintiff before the Trial Court, within a period of two weeks from the date of receipt of a copy of this order.

(b) The Trial Court is directed to frame additional issues based on the additional written statement filed by the petitioners/defendants 1 and 6 within a Page4 of 5 period of four weeks thereafter.

(c) The petitioners/defendants are permitted to cross examine the respondents/plaintiffs with regard to the objections raised by them through this Civil Revision Petition which includes the plea of limitation.

(d) The petitioners/defendants are also permitted to raise all objections which they have raised in this Civil Revision Petition during the arguments in the main suit O.S.No.5 of 2024, on the file of II Additional District and Sessions Judge, Arakkonam, Ranipet District. No costs. Consequently, connected Miscellaneous Petition is closed. 21-07-2026 Index: Yes/No Speaking/Non-speaking order arr To The II Additional District and Sessions Judge, Arakkonam, Ranipet District. CRPoNo.o4009oofo2026 ABDULoQUDDHOSE,oJ. arr CRPoNo.o4009oofo2026 21-07-2026 Page5oofo5 Page6 of 5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE 1. C.Ganesan 2. G.Eswari ..Petitioners Vs 1. C.Gandhi 2. C.Chandiran 3. C.Ramesh 4. Amirthammal 5. Susila 6. U.Senthilkumar 7. S.Anuradha 8. E.Sumathi 9. P.Vasanthi 10.V.K.Gopalan ..Respondent(s) Civil Revision Petition filed under Article 227 of Constitution of India praying to set-aside the order and decreetal order dt. 21.08.2025 made in I.A.No. 5 of 2024 in O.S No. 5 of 2024 passed by II Additional District and Sessions Judge, Arakkonam, Ranipet District. Page2 of 5 For Petitioner(s): Mr.M.Himavanth