Perinba Jaba Alayam v. Manoharan & 8 Others

A.Nos.1811 & 1812 of 2017 in C.S.No.327of 2011 R.SUBRAMANIAN,. J.

A.No.1812 of 2017 has been filed seeking to amend the plaint to include paragraph 11(A) after paragraph 11 of the plaint. The proposed amendment only seeks to explain the circumstances under which the plaintiff come into the possession of the property. The same does not give rise to any new cause of action. The learned counsel appearing for the defendants would contend that A.No.1812 of 2017 is filed belatedly. Admittedly, the trial has not commenced, as well as I do no not see any impediment to allow this application for amendment. Hence, A.No.1812 of 2017 is allowed.

2. A.No.1811 of 2017 has been filed seeking permission to produce certain documents which necessitated the amendment. It is claimed that the documents annexed to A.No.1811 of 2017 are executed by one Devainaiammal and only xerox copy of the 5th document which is a consolidated receipt dated 3.05.1989 is filed. These documents shall be received subject to proof and relevancy as well as sufficient cause for production of consequential evidence as contemplated under Section 65 of the Indian Evidence Act, subject to the above, the petition is ordered. http://www.judis.nic.in

R.SUBRAMANIAN,. J.

KP 4.Registry is directed to carry out the amendment in 2 weeks as well as for filing furnished amendment copy.

01.11.2017 KP A.Nos.1811 & 1812 of 2017 in C.S.No.327of 2011 http://www.judis.nic.in