Sathya Poondi Badrinarayanan v.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) DATED, THE 04TH DAY OF FEBRUARY 2019 THE HON'BLE MR.JUSTICE R.SUBRAMANIAN A.No.946 OF 2019 IN C.S.No.112 of 2018 Sathya Poondi Badrinarayanan @ Sathya Poondi, W/o. Prasanna Venkatesh Duraiappan, 102, Gillett Drive, Ajax, Ontario, LIZ No.3, Canada, represented by Power Agent P.S.Badrinaraynanan, S/o.P.A.Sarangapani, Old No.16, New No.41, Chakrapani Street Extension, West Mambalam, Chennai 600 033 ...Applicant/Plaintiff -vsIndira, W/o. Chellasamy, 2/A2, Ganapathy Street, West Mambalam, Chennai ...Respondent/Defendant This Application permit the plaintiff to amend the plaint in C.S.No.112 of 2018 as detailed hereunder. Details of Amendement Delete Rs.53,31,375/- shown as valuation of suit for court fee and jurisdiction mentioned in para no.V of Plaint and substitute Rs.1,06,56,750/- Delete the words in the valuation under column No.1, half of the value Rs.53,25,375/-' and substitute the following words " Half of the value for calculating court fee
Rs.53,25,375/-"
Add total valuation mentioned under Column No.III as Rs.1,06,56,750/- and delete Rs.53,31,375/-.
This Application coming on this day before this Court for hearing the court made the following order: This application has been filed seeking amendment of the plaint to substitute the valuation of suit as Rs.1,06,56,750/- instead of Rs.53,31,375/- 2.From the plaint it is seen that the court fee has been paid by valuing the suit at Rs.1,06,56,750/-, however in the valuation column alone the figure of Rs.53,31,375/- have been included.
3.According to the counsel for the applicant, it is a typographical error and the same does not prejudice the defendant in any manner.
4.The learned counsel for the respondent/ defendant would seek time for filing counter.
5.Considering the nature of amendment sought for and the fact that the amendment does not prejudice the right of the defendant in any manner, I am of the considered opinion that this application needs no detailed counter and argument.
6.In view of the same this application is allowed. The learned counsel for the plaintiff shall carryout the
amendment within a period of two weeks from today and also file an amended copy of the plaint.
sd/-R.S.M.J 04.02.2019 //Certified to be a true copy// Dated this the day of 2019.
R.s/07.06.2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.