Ponnussamy v. Ganeshan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN C.R.P.(N.P.D.) No. 1454 of 2013 Ponnusamy

...Petitioner

Vs

1. Ganeshan

2. Natarajan Chellammal (Died)

3. Rupapathi

4. Muthulakshmi

5. Sakthivel

6. Nannammal

7. Murakayee

8. Marikayee

9. Govindammal

10. Maheshwari

...Respondents

( Respondents 5 to 10 are given up) Prayer:- Civil Revision Petition filed under Article 227 of Constitution of India, as against the order and decreetal order dated 14.10.2011, made in unnumbered I.A.No. of 2011 in O.S.No.272 of 2004, on the file of the District Munsif Court at Thindivanam.

For Petitioner : Mr.T.Girish

O R D E R

The petitioner, long after passing a final decree in O.S.No.272 of 2004 filed an application to amend the preliminary as well as final decree for the purpose of substituting the name of the village as well as the father's name of

the second defendant. The application was rejected by the learned Trial Judge, even without numbering. The said order is under challenge in this civil revision petition.

2. There is no dispute that the Court initially passed a preliminary decree and thereafter, a final decree. The preliminary decree and final decree were passed pursuant to the schedule appended to the plaint. There was no application filed by the petitioner to amend the plaint and to incorporate the correct particulars. In view of the same, the Trial Court was correct in rejecting the application filed by the petitioner.

3. In the upshot, I dismiss the Civil Revision Petition. No costs. 17.04.2017 Asi/Svki

K.K.SASIDHARAN,J.

Asi/Svki To District Munsif Court at Thindivanam.

C.R.P.(N.P.D.) No. 1454 of 17.04.2017 http://www.judis.nic.in