Madras High CourtCRP/1446/2018disposed of

Dr.Senthilnathan Siva, v. Rotary Club Of Ootaccamund

2018-04-18Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2018 CORAM : THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRP.(PD) No.1446 of 2018 and CMP.No.7696 of 2018 Senthilnathan Siva ... Petitioner Vs 1.Rotary Club of Ootacamund Rep by its President K.Shanmuganathan Club No.15876, RID 3202 Covai Auto Agency Ganesh Theatre Road Ootacamund.

2.K.Shanmuganathan Covai Auto Agency Ganesh Theatre Road Ootacamund.

3.E.M.Murali Kumar Secretary Rotary Club of Ootacamund Fortune Resort Sullivan Court No.123, Selbourne Road Ootacamund.

... Respondents Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and decretal order dated 01.06.2016 passed in I.A.No.1148 of 2015 in O.S.No.244 of 2015 on the file of the Sub Court, Ootacamund, The Nilgiris.

For Petitioner : Mr.Ravikumar Paul Senior Counsel for M/s.Paul and Paul

ORDER

The revision petitioner herein is the plaintiff. He has filed a suit in O.S.No.244 of 2015 on the file of Sub Court, Ootacamund, The Nilgiris, for declaration to show cause why the petitioner might not be removed from the first respondent-Club. During the pedency of the suit, he has been removed and had filed I.A.No.1148 of 2015 for bringing in suitable amendments based on subsequent change of events.

2. In the impugned order, the learned trial Judge has expressed his predicament, in appreciating the nature of the amendment sought (a) he says that for amending 15 paged plaint, 24 pages of amendment was brought in and (b) there was considerable difficulty in ascertaining what exactly the petitioner wants to amend.

3. On going through the typed set of papers even this Court experienced similar difficulty which trial Court has felt. In fitness of things, the petitioner may file a fresh petition for amendment stating candidly the exact nature of amendment he wants to introduce in his plaint. Petitioner if he is so desirous, shall file any such petition for amending the plaint on or before 13.06.2018.

4. With the said direction, this Civil Revision Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 18.04.2018 ds Index : Yes / No Speaking order / Non-Speaking Order

N.SESHASAYEE, J., ds To:

The Sub Court, Ootacamund, The Nilgiris.

CRP(PD) No.1446 of 2018 18.04.2018