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Madras High CourtCRP/4643/2015allowed

Rajeswari, W/O. Ravichandran v. Nallusamy, S/O. Vardharaju

2016-08-23Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.4643 of 2015 and M.P.No.1 of 2015 1.Rajeswari

2. Subramanian ... Petitioners vs

1. Nallusamy

2. N.Ramesh ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of Indiato set aside the fair and final order passed by the learned Principal District Munsif, Erode in I.A.No.42 of 2015 in R.C.O.P.No.12 of 2014 dated 07.10.2015 by allowing this C.R.P.

For Petitioners : Mr.V.Kadhirvel For Respondents : Mr.S.Kaithamalai Kumaran *****

O R D E R

This revision arise against order of learned Principal District Munsif, Erode made in I.A.No.42 of 2015 in R.C.O.P.No.12 of 2012 on 07.10.2015.

2. The main proceeding is one for eviction. In dismissing I.A.No.42 of 2015, which merely sought for amendment of the survey number, court below has held that furnishing of wrong survey number in original petition cannot be a typographical error and that it is improper to allow the application at the fag end of the proceedings. The Rent Controller has lost sight of the fact that proceedings RCOP is summary in nature and strict adherence to the Code of Civil Procedure is unnecessary.

3. In such view of the matter, this Civil Revision Petition stands allowed and the I.A.No.42 of 2015 in R.C.O.P.No.12 of 2014 stands set aside. No costs. Consequently, connected miscellaneous petition is closed. 23.08.2016 Index:yes/no Internet:yes vrc Note : Issue Order Copy on .09.2016 To The Principal District Munsif.

Erode.

C.T.SELVAM, J vrc C.R.P. (PD) No.4643 of 2015 23.08.2016