← Library
Madras High CourtCRP/692/2019dismissed

R.M.Abdul Shamadhu v. Santhanakrishnan

2019-02-27Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2019 CORAM :

THE HON'BLE MS. JUSTICE P.T.ASHA C.R.P. (PD) No.692 of 2019 and C.M.P. No.4509 of 2019 R.M.Abdul Shamadhu ... Revision Petitioner Vs.

1.Santhanakrishnan 2.Vajiravel 3.Pazhani 4.Sivasankar 5.Ashok Kumar 6.Sambanadhan 7.Radha Bai Jayarama Chettiar (died) 8.Radhakrihsnan 9.Dhanalakshmi 10.Kali @ Santhanalakshmi 11.Basheera Kathu 12.Ismail ... Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decretal order dated 23.01.2019 made in I.A.No.621 of 2018 in O.S.No.31 of 2007 on the file of the District Munsif cum Judicial Magistrate Court, Uthiramerur.

For Petitioner : Mr.N.A.Nissarahmed

O R D E R

The above Civil Revision Petition has been filed, challenging the order in I.A.No.621 of 2018 in O.S.No.31 of 2007 passed by the learned District Munsif cum Judicial Magistrate, Uthiramerur, in and by which, the learned Judge has dismissed the application, filed by the plaintiff to amend the plaint in keeping with the defence that had been raised by the subsequently impleaded 13th respondent.

2.The learned Judge had allowed the application and challenging the same, the 13th defendant, who had entered the fray at the last moment is the person challenging the said order.

3.Considering the fact that, the amendment application has come to be filed on account of the fact that the 13th respondent had filed the written statement on 04.01.2019 and the fact that immediately thereafter, the amendment petition had been filed by the plaintiff, the learned Judge has rightly allowed the said application. Hence, I find no infirmity in the order passed by the learned Judge in I.A.No.621 of 2018 in O.S.No.31 of 2007.

4.In the result, this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 27.02.2019 Index : Yes / No Internet : Yes / No Speaking order / Nonspeaking order mkn To The District Munsif cum Judicial Magistrate, Uthiramerur.

P.T.ASHA, J.

mkn C.R.P. (PD) No.692 of 2019 and C.M.P. No.4509 of 2019 27.02.2019