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Madras High CourtA/1748/2024ordered

S.Sumathy v. S.Annamalai

2026-03-12Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-03-2026

CORAM

THE HON'BLE DR.JUSTICE A.D.MARIA CLETE in C.S.No.200 of 2020 S.Sumathy Proprietor, S and S Builders, No.524/17, Rajiv Gandhi St., Ponamallee High Road, Arumbakkam, Chennai- 600 106 ..Applicant(s) Vs

1. S.Annamalai

2. Pushpa

3. Daisy Rani

4. Deepika

5. Lokesh ..Respondent(s) Prayer - This application has been filed to amend the Plaint as detailed hereunder.

For Applicant(s):

Mr.V.K.Sathiamurthy For Respondent(s):

Mr. B.A.Prakash, for R1 & R2 Mr.C.Girish Babu for R3 to R5

ORDER

Heard.

2. This Application has been filed seeking amendment of the plaint in C.S.No.200 of 2020, as set out in the application.

3. The applicant/plaintiff states in the affidavit filed in support of the application that, under the Joint Venture Agreement referred to in the plaint, she had put up construction in 'A' Block consisting of four flats, and had spent more than Rs.2,00,00,000/- towards construction. It is further stated that defendants 1 and 2 prevented the plaintiff from completing the construction and that, in view of their conduct, it has become necessary to seek an alternative relief directing defendants 1 and 2 to pay a sum of Rs.2,00,00,000/- towards the cost of construction, apart from the damages pleaded in the affidavit. The

applicant also states that the amendment is formal in nature, that the nature and character of the suit remain the same, and that the cause of action also remains unchanged.

4. Learned counsel for the applicant/plaintiff submitted that the proposed amendment is necessary for complete and effective adjudication of the issues arising between the parties.

5. No objection was stated by the learned counsel appearing for the respondents/defendants.

6. Having regard to the averments contained in the affidavit and in view of the fact that no objection is raised on the side of the respondents/defendants, this Court is satisfied that the proposed amendment can be permitted.

7. Accordingly, this Application is allowed and the applicant/plaintiff is permitted to carry out the amendment to the plaint in terms of the application.

8. The amendment shall be carried out within a period of two weeks from the date of receipt of a copy of this order. The amendment plaint shall thereafter be taken on file, if otherwise in order. No costs. 12-03-2026 MRP (1/2)

DR.A.D.MARIA CLETE, J.

MRP 1/2 12-03-2026