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Madras High CourtCRP/1571/2026dismissed

D.Suresh Jain v. Vinod R.Doshi

2026-03-17Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI AND CMP NO. 7399 OF 2026 D.Suresh Jain Managing Director, No.621, Annasalai, Sire Mansion, 2nd Floor, (Left Side Premises), Chennai - 600006, Also having office at Kesar Gift Mart (P) Limited, VDS House, 41, Cathedral Road, Chennai - 600089.

..Petitioner(s) Vs

1. Vinod R.Doshi S/O. Late. Ravilal S.Doshi, No.22/53, Rukmani Road, Kalakshetra Colony, Besant Nagar, Chennai - 600090.

2. Beena N. Doshi W/o. Late. Naresh R. Doshi, No.22/53, Rukmani Road, Kalakshetra Colony, Besant Nagar, Chennai 090.

3. Ravilal S. Doshi (HUF) Rep by his Karta Vinod R. Doshi, No.22/53, Rukmani Road, Kalakshetra Colony, Besant Nagar, Chennai 090.

..Respondent(s)

PRAYER Civil Revision Petition filed under Art. 227 of Constitution of India, praying to set aside the Order and decree dated 04.03.2026 in MP No.1 of 2026 in RLTOP NO.326 of 2025 pending on the file of XIV Judge, Small Causes Court at Chennai.

For Petitioner(s):

Mr.T.Karunakaran For Respondent(s):

Mrs.Nalini Chidambaram Senior Advocate for Ms.C.Uma for R1

ORDER

Challenging the impugned order passed in M.P.No.1 of 2026 in RLTOP No.326 of 2025 by the learned XIV Judge, Small Causes Court, Chennai, the Revision Petitioner/tenant preferred this Civil Revision Petition.

2. Before the trial court, the respondents/landlords have filed a petition under Order 6 Rule 17 r/w Sec.151 of C.P.C. to amend the cause title, which was sought after the commencement of trial. So, that amendments cannot be entertained, but the court below suo motu directed to amend the cause title of the respondent/tenant. Based on that, the landlords have made amendment, which is totally erroneous one and liable to be set aside. Aggrieved over that, he preferred this Civil Revision Petition.

3. The learned counsel for revision petitioner/tenant would argues that before the Rent Control authority, the respondents/landlords have filed an application for amendment, but without getting proper records, the trial judge

had approved the same and proper opportunity was not given to the tenant with regard to amendment.

3.The learned counsel for 1st respondent/landlord would argue that there is a discrepancy to amend his pleadings, to that effect, the trial judge has made an observation with regard to effectively represent the office of tenant by Managing Director, to that effect, they have filed the application and the same was allowed by the trial judge, which needs no interference.

4. Heard and considered rival submissions made by both learned counsel for revision petitioner as well as respondent and perused the materials available on record.

5. It is an admitted fact that the jural relationship between them is not disputed by the revision petitioner. Therefore, the trial judge has made such amendment and the same was rightly admitted by the respondent. Considering that and also considering both side submissions, the revision petitioner being a tenant admits the lease agreement entered between them on 01.03.2022, wherein the tenant was represented by Managing Director, but while filing main RCOP by the 1st respondent/landlord, they have mentioned D.Suresh Jain as Managing Director, thereafter, the office address was also mentioned as M/s.Kesar Gift Mart (F) Limited, VDS House, 41, Cathedral Road,

Chennai-600 089, which is not specifically mentioned in the cause title. Therefore, the trial court has directed to make amendment. To that effect, amendment was also allowed. Nevertheless, the jural relationship between parties is not in dispute and only with regard to payment of rent, there is a dispute. Thus, the amendment sought by the respondents is sustainable one. To that effect, the objections filed by the tenant is not sustainable one. Hence, this Civil Revision Petition is dismissed as no merit. With regard to amendment applications, the same may be considered and thereafter, the trial judge is directed to proceed with the trial and dispose the case within a period of eight weeks from the date of receipt of copy of this order. No costs. Consequently, connected civil miscellaneous petition is closed. 17-03-2026 Index: Yes/No Speaking/Non-speaking order RPP To The XIV Judge, Small Causes Court, Chennai.

T.V.THAMILSELVI J.

RPP AND CMP NO. 7399 OF 2026 17-03-2026