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Madras High CourtCRP/1842/2016dismissed

Mr.G.Mani v. Mrs.Soundari

2016-06-27Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.1842 of 2016 and C.M.P.No.9648 of 2016 1.G.Mani S/o.Gopal 2.G.Boopathy S/o.Gopal 3.G.Ramesh S/o.Gopal ... Petitioners vs Soundari W/o.G.Sekar ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India against the order of learned Sub Judge, Tirupattur, passed in I.A.No.236 of 2015 in O.S.No.24 of 2012 on 29.01.2016.

For Petitioners :

Mr.G.Thyagarajan *****

O R D E R

This revision arises against the order of learned Sub Judge, Tirupattur, passed in I.A.No.236 of 2015 in O.S.No.24 of 2012 on 29.01.2016.

2. Petitioners are plaintiffs in O.S.No.24 of 2012 on the file of learned Sub Judge, Tirupattur, who have moved I.A.No.236 of 2015 seeking amendment of paragraph No.6 of the plaint. When the case was at the stage of crossexamination of PW-1, the interlocutory application has been moved towards amending the plaint. The Court below, under the impugned order, dismissed such application, giving rise to this revision.

3. Learned counsel for petitioners submits that agreement for sale dated 25.01.2010 in no uncertain terms informed that the consideration of Rs.1,50,000/- has been received by the respondent. As against such position, in paragraph No.6 of the plaint, it inadvertently has been stated that sum has been paid over to her husband.

4. In dismissing the application, the Court below has noted the position that while in the plaint mention has been made of the sum having been paid prior to the agreement, through the amendment it was sought to be informed that such sum was paid over at the time of agreement and in the presence of

panchayatdhars and witnesses. Considering the amendment impermissible, the Court below dismissed the application. This Court finds no reason to interfere with the order under challenge.

The Civil Revision Petition, accordingly, is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 27.06.2016 Index:yes/no Internet:yes gm To The Sub Judge, Tirupattur.

C.T.SELVAM, J gm Civil Revision Petition (PD) No.1842 of 2016 27.06.2016