Madras High CourtA/5567/2016allowed

P.Nagabushanam v. M.Jeevaraj

2016-11-01Honourable Mrs Justice Pushpa Sathyanarayana4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2016

CORAM

THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA Application No.5567 of 2016 in C.S.No.714 of 2012 P.Nagabushanam ...Applicant / Plaintiff

Versus

1. M.Jeevaraj (deceased)

2. Arulmighu Badrakaliamman and Veerabadraswamy Thirukkoil Rep. by its Executive Officer, No.5, Kumarasamy Lane, Royapuram, Chennai - 600 013.

3. Hindu Religious and Charitable Endowments Board, Rep. by its Commissioner, Nungambakka, Chennai - 34.

4. J.Thenammal

5. J.Elumalai

6. Saraswathi

7. J.Gowtham

8. J.Yoganandan .. Respondents / Defendants Applications filed under Order XIV Rule 8 of Original Side Rules read with order XXII Rule 4 of C.P.C. praying to amend para-11 of the plaint as follows:

11. The plaintiff values the suit for the purpose of court fees and jurisdiction- (i) for the relief of declaration at Rs.25,00,000/- and pays a court fee of Rs.28,526/- under Section 25(d) of the Tamil Nadu Court Fees and Suits Valuation Act 1955.

Value of the suit ...

Rs.35,01,000/- Total court fee paid ...

Rs.29,601/- instead of

11. The plaintiff values the suit for the purpose of court fees and jurisdiction- (i) for the relief of declaration at Rs.1,000/- and pays a court fee of Rs.75/- under Section 25(d) of the Tamil Nadu Court Fees and Suits Valuation Act 1955.

Value of the suit ...

Rs.10,02,000/- Total court fee paid ...

Rs.1,150/- For Applicant : Mr.S.Sadasharam For D1, D4 to D8 : Mr.V.Premkumar For D2 : Mr.V.Guhan for Mr.S.D.Ramalingam For D3 : No appearance

ORDER

This application has been filed by the applicant/plaintiff seeking to amend para 11 of the plaint as mentioned in the affidavit filed in the Judges' summons appended to this application.

2. Heard the learned counsel appearing for the applicant.

3. The learned counsels appearing for the defendants 1, 2, 4 to 8 have no objection to allow this application.

4. Since it is only a consequential amendment and in view of no objection having been stated by the learned counsels appearing for the defendants 1, 2, 4 to 8, this application is allowed. The plaintiff is directed to carry out the amendment within a period of two weeks. 01.11.2016 ogy

PUSHPA SATHYANARAYANA, J.

ogy Application No.5567 of 2016 in C.S.No.714 of 2012 01.11.2016 http://www.judis.nic.in