Ganesan, v. Sasikala,

ORDER This Civil Revision Petition has been filed against the fair and decretal order dated 20.10.2021, passed in I.A.No.4 of 2021 in O.S.No.8 of 2020, on the file of the District Munsif Court, Srivaikundam.

¶2The petitioner got himself impleaded as the third defendant in O.S.No.8 of 2020, vide order dated 25.08.2021, in I.A.No.3 of 2021. After the petitioner was impleaded as the third defendant in the above suit, the respondents 1 to 4/plaintiffs filed I.A.No.4 of 2021 under Order 6 Rule 17 of C.P.C. for amending the plaint, by adding few names and importantly, the amendment to the status of Rajammal @ Velammal as the second wife during the life time of her husband late.Vaikundaramasamy, wherein, following amendments were sought by the respondents 1 to 4/plaintiffs. "3. gpuhJ 4-tJ ghuhit mLj;J "(4-V)" vd;W xU Gjpa ghuhit Muk;gpj;J> mjpy; fPo;f;fz;l thrfq;fis Nrh;f;f Ntz;Lk;. "3-k; gpujpthjp Nkw;gb itFz;luhkrhkpah gps;is - fhe;jpkjp mk;khs; jk;gjpfs; kfd; fpilahJ> 3-k; gpujpthjp vt;tpjj;jpYk; Nkw;gbahh;fspd; rl;lg;G+h;tkhd thhpR MfTk; KbahJ. Mdhy; ,e;j eph; tof;F kj;jpapy; 3-k; gpujpthjp jd;idAk; ,e;j tof;fpy; Xh; gpujpthjpahf Nrh;f;f Ntz;Lnkd;W Nfl;L jhf;fy; nra;j I.V.vz;:3/2021 kD 25.08.2021y; mDkjpf;fg;gl;Ls;sjhy; mth; ,e;j tof;fpy; 3-k; gpujpthjpahf Nrh;f;fg;gl;Ls;shh;."

¶4gpuhJ FWe;jiyg;gpYk; kw;Wk; neLe;jiyg;gpYk; 1tJ thjpapd; ngaUf;F gpd;dhy; "Rlyp (v)" vd;W Nrh;f;f Ntz;Lk;. C.R.P.(MD)No.1868oofo2021

¶5gpuhJ FWe;jiyg;gpYk; kw;Wk; neLe;jiyg;gpYk; 3tJ thjpapd; ngaUf;F Kd;dhy; "ke;jpu" vd;W Nrh;f;f Ntz;Lk;.

¶6gpuhJ 3-tJ ghuhtpy; 6tJ thpapy; "Foe;ijfs"; ovd;w thh;j;ijf;F Kd;dhy; "Nkw;gb fhe;jpkjp mk;khSf;F" vd;W Nrh;f;f Ntz;Lk;.

¶7gpuhJ 3tJ ghuhtpy; 7tJ thpapy; "fhykhfptpl;lhh;"o vd;w thh;j;ijf;F Kd;dhy; "17.06.1981y; kJiuapy; itj;J"o vdW; Nrh;f;f Ntz;Lk;.

¶8gpuhJ 3tJ ghuhtpy; 7tJ thpapy; "mjdgpd;dh"; vd;w thh;j;ijia ePf;fptpl;L mNj ,lj;jpy; "Nkw;gb fhe;jpkjp mk;khs; capUld; ,Uf;Fk;NghNj" vd;W Nrh;f;f Ntz;Lk;.

¶9gpuhJ 3tJ ghuhtpy; 8tJ thpapy; "vd;gtiu" vd;w thh;j;ijia mLj;J "1945-k; Mz;L ,e;J Kiwg;gb nfhl;lhuf;Fwpr;rp Chpy;" itj;J vd;W Nrh;f;f Ntz;Lk;.

10.gpuhJ 3tJ ghuhtpy; 10tJ thpapy; "gpwe;jhh;fs;" ovdW; KbAk; thf;fpaj;jpw;F mLj;J ,jd; fPo;f;fz;l Gjpa thf;fpaj;ij Nrh;f;f Ntz;Lk;. "4-tJ thjpf;F mtuJ ngw;Nwhh;fs; Muk;gj;jpy; itj;j ngah; nja;tj;jbahd;" vd;gjhFk;. Mdhy; gs;sp gUtj;jpy; "jbad;" vd;W Nkw;gb ngaiu RUf;fp kw;wth;fshy; miof;fg;gl;lij 4-k; thjp tpUk;ghjjhy;> 4-k; thjp mtuJ ngaiu "Njtuh[;" vd;W khw;wk; nra;J> murpjopYk; Kiwahf gjptpl;Ls;shh;. mjd;gpd;dh; 4-k; gpujpthjpapd; ngah; "Njtuh[;"o vd;Nw miof;fg;gLfpwJ."

¶11gpuhJ neLe;jiyg;gpy; 3 kw;Wk; 4 thjpfspd; jfg;gdhh; ngah; "itFz;luhkrhp" vd;W ,Ug;gij "itFz;luhkrhkpah gps;is" vd;W khw;w Ntz;Lk;.

¶12gpuhJ FWe;jiyg;gpy; 3k; gpujpthjpapd; ngaUf;F fPo; fPo;fz;l thrfq;fis Nrh;f;f Ntz;Lk;. "(I.V.vz;:3/2021y; 25.08.2021y; gpwe;j cj;jpuTg;gbf;F 3-k; gpujpthjp jug;gpduhf Nrh;f;fg;gl;Ls;shh;.)" "(I.V.vz;: /2021y; 25.08.2021y; gpwe;j cj;jpuTg;gb gpuhJ rPh;jpUj;jk; nra;ag;gl;Ls;sJ.)"

¶3By the impugned order, dated 20.10.2021, in I.A.No.4 of 2021, the Trial Court has allowed the application with the following observations:- "9. The amendment regarding the said Rajammal @ Velammal was took marriage during the alive of Gandhimathi ammal or not is also to be decided at that time of trial and other amendment is not change the nature of suit and the said amendment is before the trial and guideline of superior Court, the amendment of pre suit in nature is maintained and liberal view is to be adopted. The said amendment is to be decided at that time of trial hence the present application is allowd. In interest of justice and on peruse the averments in the petition. On considering, the nature of amendment and it is not change the nature of the suit hence in the interest of justice, this petition is allowed. No costs."

¶4The learned counsel for the petitioner/third defendant submits that earlier the respondents 1 to 4/plaintiffs had filed I.A.No.2 of 2021, for introducing certain amendments to the plaint, which are part of the amendments sought in I.A.No.4 of 2021 and the said application was dismissed as not pressed on 07.09.2021.

¶5That apart, it is submitted that by introducing several amendments to the plaint, the respondents 1 to 4/plaintiffs are altering the entire characteristic of the plaint, which is impermissible. It is submitted that after the order was passed in I.A.No.3 of 2021 at the behest of the petitioner/third defendant on 25.08.2021, consequential amendment is permissible. However, the respondents 1 to 4/plaintiffs have filed I.A.No.4 of 2021, for a complete re-call of the plaint, thereby, altering the entire characteristic of the pleading.

¶6The learned counsel for the petitioner/third defendant, however, submits that though the pre-trial amendment has to be considered liberally, it cannot be allowed on the strength of the reasons given by the respondents 1 to 4/plaintiffs in I.A.No.4 of 2021, which read as under:- ''2. ,e;j epH kDtpy; fz;l 3-k; vjpHkDjhuiu jhth tof;fpy; 3-k; gpujpthjpahf NrHf;f Nfl;L> 3-k; vjpHkDjhuH jhf;fy; nra;j I.V.vz;:3/2021

kD

25-8-2021y;

r%fk;

ePjpkd;wj;jhy; mDkjpf;fg;gl;Ls;sJ. NkYk; rpy Kf;fpakhd thrfq;fs; gpuhjpy; NrHf;fg;glhky; ftdf;Fiwthf tpLgl;Ls;sd. 1 kw;Wk; 3 thjpfspd; ngaH tpguq;fSk; gpuhjpy; rhpahf fhz;gpf;f Ntz;bAs;sJ. vdNt ,k;kDtpy; fz;l gpufhuk; gpuhij rPHjpUj;jk; nra;a mDkjpj;J cj;jpuT gpwg;gpf;f Ntz;bAs;sJ. mt;thW rPHjpUj;jk; nra;a mDkjpj;J cj;jputplhtpby; vq;fSf;F mstpl Kbahj f\;l> e\;lk; Vw;gLk;.''

¶7Per contra, the learned counsel for the respondents 1 to 4/plaintiffs submits that the impugned order of the Trial Court is well reasoned and requires no interference. It is submitted that no prejudice will be caused to the petitioner, who has been impleaded as third defendant in the above suit, pursuant to the order dated

25.08.2021, in I.A.No.3 of 2021.

¶8That apart, it is submitted that it is always open for the petitioner/third defendant to file a written statement based on the averments, which have been allowed to be incorporated in the original plaint. It is submitted that there is no final determination of inter se rights between the parties.

¶9In support of his submission, the learned counsel for the respondents 1 to 4/plaintiffs has relied on the decision of the Hon'ble Supreme Court in Life Insurance Corporation of India vs. Sanjeev Builders Private Limtied and others reported in AIR 2022 SC 4256, wherein it has been held that if the amendments, which are necessary for determining the real question in controversy, are to be allowed, no prejudice will be caused to the other side.

¶10I have considered the arguments advanced by the learned counsel for the petitioner/third defendant and the learned counsel for the respondents 1 to 4/plaintiffs and perused the materials available on record.

¶11There is no merit in the present Civil Revision Petition, as there is no final determination of inter se rights between the parties, by mere allowing of amendment to the pleadings in the plaint, vide the impugned order, dated 20.10.2021.

¶12That apart, the amendments have been sought before commencement of the trial and therefore, no prejudice will be caused to the petitioner/third defendant. It is always open for the petitioner to dispute the averments in the plaint, pursuant to the amendments that have been allowed, vide the impugned order dated 20.10.2021.

¶13In my considered view, no prejudice will be caused to the petitioner/third defendant, by the impugned order dated 20.10.2021, allowing amendments to the plaint. Therefore, the present Civil Revision Petition is liable to be dismissed. Accordingly it is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

¶14Considering the fact that the suit is of the year 2020 and the petitioner/third defendant has not filed written statement so far, he is directed to file a written statement within a period of 45 days from the date of receipt of a copy of this order. The Trial Court shall frame issues and subject the parties to trial and pronounce judgment and decree within a period of 12 months thereafter. NCC : Yes/No

05.04.2023 Index : Yes/No Internet : Yes/No smn2 To

1.The District Munsif, Srivaikundam.

2.The District Collector, Office at Korapallam, Thoothukudi District.

3.The Tahsildar, Eral Taluk, Thoothukudi District.

C.SARAVANAN, J. smn2

05.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2023 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN and C.M.P.(MD)Nos.10033 of 2021 and 1758 of 2023 Ganesan, S/o.Vaikundaramasamy .. Petitioner Versus 1.Saikala, W/o.Ethiraj 2.Chellammal, W/o.Narayanasamy 3.Moorthy, S/o.Late.Vaikundaramasamy 4.Devaraj, S/o.Late.Vaikundaramasamy 5.The Tahsildar, Eral Taluk, Thoothukudi District. 6.State of Tamil Nadu, Rep. By the District Collector, Office at Korapallam, Thoothukudi District. .. Respondents Prayer :- Petition filed under Article 227 of the Constitution of India, against the fair and decretal order dated 20.10.2021, passed in I.A.No.4 of 2021 in O.S.No.8 of 2020, on the file of the District Munsif Court, Srivaikundam. For Petitioner : Mr.V.Meenakshisundaram For R1 to R4 : Mr.S.Ramesh For R5 and R6 : Mr.G.Sivaraja Government Advocate