The General Manager v. R.Ganesan

ORDER This civil revision petition has been filed against the order passed by the Sub Court, Sivakasi in I.A.No.437 of 2016 in I.A.No.138 of 2014 in O.S.No.15 of 2014 dated 04.08.2017.

¶2For the sake of convenience, the parties will be referred as per the litigative status before the Trial Court. The petitioners herein are the defendants before the Trial Court. The plaintiff is the respondent herein.

¶3The brief facts which give rise to the filing of the instant civil revision petition is that the plaintiff has filed a suit for damages and for mandatory injunction in respect of the following schedule of property: "Non Residential building bearing Door No.44; old No. 19/3, situated in Chairman Shanmugam Road, Sivakasi Town, measuring 2115 sq.ft out of 5375.625 sq.ft in total."

¶4During the pendency of the suit, the plaintiff has filed an application for appointment of commissioner in respect of the suit schedule property. However, after sometime, according to the plaintiff, based upon the defense putforth by the defendants, it necessitated them to struck off the petition mentioned property, which has been mentioned in the commission application, as found in the plaint and wanted to amend the petition as follows: "tpUJefh; hpb> rptfhrp rg;b> rptfhrp fpuhkk; gioa rh;Nt ek;gh; 217> 290> 291/2> 292/2 f;F lTz; rh;Ntg;gb rptfhrp lTz; thh;L vg; gpshf; 1 b.v];.vz;. 78y; vq;fs; ghfk; 10156 rJumbapy;> Nky;gf;fk;> V.v];.fphpjud; ghf nrhj;Jf;Fk; fpof;F> fpoNky; Nuhl;Lf;Fk; njw;F> V.v];.rpd;dh ehlhh; tPl;Lf;Fk; tlf;F> fy;gdh mth;fSf;F ehq;fs; tpw;w nrhj;Jf;Fk;> nghJr; RtUf;Fk; Nkw;F> ,jw;Fs; fpoNky; tljiy 58 1/4 fpoNky; njd;jiy 59 1/4 njd;tly; Nky;jiymb 97 1/4 njd;tly; fPo;jiymb 85 3/4 5375.625 rJumb epyKk; mjpy; fl;bapUf;fpw Mh;rprp fl;blKk;> Vrp \Pl; fl;blKk;> kpd; ,izg;G vz;. F 2343> Nghhpq; Nkhl;lhh; tifawhTk;> gioa Nlhh; ek;gh; 19/3f;F GJ Nlhh; 44f;F rk;ge;eg;gl;lJ. Nrh;kd; V.rz;Kfk; Nuhl;ilr; Nrh;e;jJ. rptfhrp Kdprpgy; ypkpl;Lf;Fs;gl;lJ is to be added."

¶5The said application was resisted by the defendants on the ground of non-joinder of necessary party, namely, wife of the plaintiff was not made as a party and there was a collusion between the plaintiff and his wife. It is the further submission of the defendants that the wife of the plaintiff alone is the landlord.

¶6However, the learned Trial Judge after considering the either side, keeping in mind with the ground raised by the plaintiff in the commission application, thought fit to allow the amendment application.

¶7I have given my anxious consideration to either side submissions.

¶8Even before embarking into the disputed facts, when the Court perused the amendment, which sought for by the plaintiff, he wants to struck off the suit schedule property from the Commission application, and wants to introduce the different schedule property by way of an amendment. Though, the learned counsel for the plaintiff submits that the amendment which sought for in the Commission application is the property which includes the suit schedule property, unless the schedule of property in the suit is amended, the question of introducing a different property in the commission application will not arise.

¶9Therefore, this Court has found justification to interfere with the order of the Court below. Further, this Court finds manifest error in the order of the Court below, which error has to be rectified by allowing this civil revision petition. However, the respondent/plaintiff is given liberty to file a fresh amendment application according to law.

¶10In the result, this Civil Revision Petition stands allowed with the liberty as indicated above. No costs. Consequently, connected miscellaneous petition is closed.

02.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To

1.The Sub Court, Sivakasi

2.The Section Officer Vernacular Section, Madurai Bench of Madras High Court, Madurai. C.KUMARAPPAN

,J.

SN

02.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2023 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)No.10740 of 2018 1.The General Manager, Bank of India, Star House, C-T, G Block, Bandrakurala Complex, Bandra (East), Mumbai -400 051. 2.The Branch Manager, Bank of India, 19/3, Chairmand Shanmugam Road, Sivakasi. ...Petitioners/Respondents/ Respondents/Defendants Vs. R.Ganesan ...Respondent/Petitioner/ Petitioner/Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed by the Hon'ble Sub Court, Sivakasi in I.A.No.437 of 2016 in I.A.No.138 of 2014 in O.S.No.15 of 2014 dated 04.08.2017. For Petitioners : M/s.Lakshmi Gopinathan For M/s.Polax Legal Solutions For Respondent : Mrs.Radhisathish