Ramuru v. Ayub

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2019

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA CRP(PD).No.1195 of 2018 and C.M.P.No.6205 of 2018 Ramuru .. Petitioner/Plaintiff Vs 1.Ayub 2.Senthil Kumar Document Writer, Sub-Registrar Office Compound, Palacode Town, Dharmapuri District.

3.The Sub-Registrar, Sub-Registrar Office Compound, Palacode Town, Dharmapuri District.

..Respondents/Defendants Civil Revision Petition filed under Article 227 of the Indian Constitution against the order dated 07.11.2017 rejecting the unnumbered I.A. of 2017 in O.S.No. 138 of 2011 passed by the District Munsif Court, Palacode.

For Petitioner : Mr.D.Bhaskar For Respondents : Not ready in notice

O R D E R

The above Civil Revision Petition is filed questioning the dismissal of an unnumbered interlocutory application seeking to amend the plaint to include an additional relief for declaring a cancellation deed dated 09.09.2008 null and void. The main grievance of the Revision Petitioner is that the application has been dismissed without even numbering the same.

Heard Mr.D.Baskar, learned counsel appearing on behalf of the petitioner.

A mere perusal of the plaint would indicate that even on 04.07.2011, when the plaint was filed, the petitioner/plaintiff had striken off the very same relief, which he now seeks to introduce by way of an amendment. Not only has the relief been struck off, but also the valuation with reference to that of the reliefs has also been striken off. It is therefore, very evident that even in the year 2011, the plaintiff was aware about the cancellation and has not chosen to have the same declared as null and void. Six years after the filing of the suit, the present petition has been filed, it is clearly barred by limitation. I find no infirmity in the order passed by the learned Additional Subordinate Judge, Tindivaam, in I.A.No.70 of 2016 in O.S.No.60 of 2015.

In the result, these Civil Revision Petitions stands dismissed. No costs. Consequently connected miscellaneous petition is also closed.

26.02.2019 dua Index: Yes/No Internet: Yes/No Speaking order / Non-speaking order To The learned District Munsif Court, Palacode.

P.T.ASHA, J.

dua CRP(PD).No.1195 of 2018 26.02.2019