Suresh v. R. Kumarasamy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 22.04.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P.PD.No.1692 of 2025 Suresh ... Petitioner Vs
1. R.Kumarasamy
2. Duraisamy Saraswathi (Died)
3. K.Thulasimani
4. K.Thilagavathi
5. Tamilselvan K.Ramesh (died)
6. V.Ramesh 7.K.R.Sudhanraj 8.R.Gurubaran ... Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair order and final order dated 05.03.2025 passed in I.A.No.38 of 2025 in O.S.No.409 of 2011 on the file of the II Additional Sub Court, Erode, Erode District. For Petitioner : Mr.J.Titus Enock For Respondent : Mr.K.J.Parthasarathy 1/4
ORDER
This Civil Revision Petition is filed to set aside the fair and final order dated 05.03.2025 passed in I.A.No.38 of 2025 in O.S.No.409 of 2011 on the file of the II Additional Sub Court, Erode, Erode District.
2. The amendment that was sought for is to include the following following at the end of paragraph No.10(g) of the plaint. "The plaintiff has lodged the police complaint dated 24.02.2025 with regard to the missing of the original Sale Deed dated 24.04.1996 of the suit property through registered post to the Inspector of Police, Erode Taluk police station, Erode and the same was received by him on 25.02.2025. The copy of the said complaint, postal receipt and the served acknowledgment card are filed herewith."
The amendment does not in any way change the cause of action or the subject matter of the suit and is only an addition to what has already been stated. The plaintiff, in paragraph 10(g) of the plaint, has mentioned about his not being able to locate the original Sale Deed dated 24.04.1996 and 2/4
the amendment is only an addition to the above. Therefore, I see no reason as to why the said amendment cannot be allowed. Accordingly, this Civil Revision Petition is allowed and the order passed by the II Additional Sub Court, Erode in I.A.No.38 of 2025 in O.S.No.409 of 2011 is set aside
3. It is informed that the matter is posted before the trial Court today for pronouncing the judgment. Considering the fact that this Court has allowed this Civil Revision Petition, the amendment shall be carried out on or before 28.04.2025 and the amended copy of the plaint shall be filed before the trial Court on or before 29.04.2025. Thereafter, the learned Judge shall proceed to pass the judgment. No costs. 22.04.2025 Index: Yes/No Speaking order/non-speaking order srn To, The II Additional Sub Court, Erode, Erode District. 3/4
P.T.ASHA, J., srn C.R.P.PD.No.1692 of 2025 22.04.2025 4/4