Aathupandi v. Paramaguru

ORDER This petition has been filed to set aside the fair and decreetal order made in I.A.No.1 of 2022 in O.S.No.258 of 2019 dated 07.03.2023 on the file of the District Munsif Court, Rajapalayam.

2.The petitioners are the defendants before the District Munsif Court, Rajapalayam in O.S.No.258 of 2019 filed by the respondents herein. The respondents have filed a suit for a declaration and for a permanent injunction. The prayer in the above suit reads as under:- 'Mifahy; rK:fk; nfhh;l;lhh; mth;fs; fpUig bra;J>

1.gpuhJ jgrpy; brhj;J thjpfSf;F jdpj;J ghj;jpag;gl;lJ vd tpsk;g[if bra;Jk;> mjd; tpisthf gpuhJ jgrpy; brhj;jpid thjpfs; mikjpahf mDgtpj;J tUtij ,e;eph; gpujpthjpfnsh mtuJ tifahl;fnsh> Vb $z;Lfnsh> vf;fhyj;jpYk;>vt;tpjj;jpYk; ahbjhU ,d;dYk;> ,ila{Uk; bra;ahky; ,Uf;f epue;ju epiya[Wj;Jf; fl;lis ghpfhuk; gpwg;g[itj;Jk;>

2.gpuhJ jgrpy; brhj;jpy; ,e;eph; gpujpthjpfs; rl;lj;jpw;F g[wk;ghf Mf;fpukpg;g[ bra;J fl;oa[s;s fl;Lkhdk; KGtija[k; rK:fk; nfhh;l;L Fwpg;gpl;l fhyj;jpw;Fs; gpujpthjpfs; jq;fsJ brhe;j brytpy; Mf;fpukpg;g[ fl;Lkhdq;fis ,oj;J mg;g[wg;gLj;jp mjw;F Vw;gLk; brytpdq;fs; gpujpthjpfsplkpUe;J tR{y; bra;J bfhs;Stjw;F VJthf braYWj;Jf; fl;lis ghpfhuk; gpwg;gptpj;Jk;> ,e;j tHf;fpd; bryt[j; bjhifia thjpfSf;F> ,e;eph; gpujpthjpfs; brYj;Jtpf;Fk;gof;Fk;>

3.kw;Wk; rkaj;jpw;Fk;> re;jh;gj;jpw;Fk; jf;f ,ju ghpfhuq;fs; ,e;eph; thjpfSf;F ,e;eph; gpujpthjpsplkpUe;J fpilf;Fk;gof;F jPh;g;g[k;> jPh;g;ghiza[k; gpwg;g[tpf;f ntz;Lkha;

,e;eph;

thjpfs;

gf;fk;

tzf;fkha; gpuhh;j;jpf;fg;gLfpwJ.'

3.The specific case of the petitioners is that the Trial Court erred in entertaining and allowing I.A.No.1 of 2022 filed under Order VI Rule 17 of CPC to amend the plaint. A specific reference is made to the plaint and the averment in paragraph 6. Wherein, the respondents/plaintiffs have stated that the petitioners have put up a construction is contrary to the law by raising the wall measuring the height of 3 feet. It is submitted that in the suit schedule however they have however stated that there is no construction. Hence, the Trial Court erred in allowing the application for amendment to the plaint.

4.I have perused the impugned order passed by the District Munsif Court, Rajapalayam, dated 07.03.2023 in I.A.No.1 of 2022 in O.S.No. 258 of 2009. I have also perused the affidavit filed by the respondents in support of the application for amendment.

5.The affidavit clearly spells out the reasons why the amendment sought for. They have stated that the amendments have been sought for in the light of the development and in the light of the written statement filed by the petitioners herein.

6.In my view, there is no scope for interfering with the impugned order passed by the respondent for amending the plaint. That apart, in the light of the decision of the Hon'ble Supreme Court in the Case of Life Insurance Corporation of India Vs Sanjeev Builders Private Limited and others (Civil Appeal No.5909 of 2022), amendment to the plaint has to be construed liberally. Therefore, this Civil Revision Petition is liable to be dismissed. C.SARAVANAN,J. dss

7.However, liberty is given to the petitioners to raise all defence including by filing supplementary written statement after the amendments was made. The Trial Court is directed to dispose the suit as expediously as possible preferrably within a period of 12 months from the date of receipt of a copy of this order.

8.With the above direction, this Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

12.04.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No dss To

1.The District Munsif Court, Rajapalayam.

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai. and CMP(MD)No.4490 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2023 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN and CMP(MD)No.4490 of 2023 1.Authupandi 2.Poomari ... Petitioners/Respondents1 & 2/ Defendants 1 & 2 Vs. 1.Paramaguru 2.Gurupackiyam ...Respondents/Petitioners/Plaintiffs PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to allow this Civil Revision Petition by setting aside the fair and decreetal order made in I.A.No.1 of 2022 in O.S.No. 258 of 2019 dated 07.03.2023 on the file of the District Munsif Court, Rajapalayam. For Petitioners : Mr.T.Arun Ganesh