V.Periyasamy v. Valli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-04-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.10170 of 2026 V.Periyasamy S/o. Veeran, Anna Nagar, Villupuram Dist 604201.

..Petitioner(s) Vs

1. Valli W/o. Late Elumalai, Anna Nagar,

2. The Village Panchayat Rep. by its President,

3. Kuppan S/o. Ramasamy, Anna Nagar,

4. Raman S/o. Uththandi, Anna Nagar,

5. Periyasamy S/o. Kuppusamy, Anna Nagar, ..Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to call for the records in I.A.No.1 of 2026 in O.S.No.222 of 2013 dated 07.03.2026 pending on the file of Additional District Munsif Court, Gingee and set aside the same and dismiss the I.A.by allowing this C.R.P. and pass such other or further orders as this Honble Court. For Petitioner(s):

MR.R.Prakalathan For Respondent(s):

Mr.M.Murali GA for R2

ORDER

Challenging the impugned order passed in I.A. No. 1 of 2026 in O.S. No. 222 of 2013 dated 07.03.2026 on the file of the Additional District Munsif Court, Gingee, the second defendant has preferred the present revision.

2. Before the Trial Court, the plaintiff filed I.A. No. 1 of 2026 seeking amendment of the plaint. The said application was filed to amend the description of the suit property by deleting Survey No. 213/15 and substituting it with Survey No. 213/5, which is the correct survey number. It was stated that, by mistake, the survey number had been mentioned as 213/15 instead of 213/5. Therefore, the plaintiff sought permission to carry out the said amendment. The Court below, upon considering the submissions of the plaintiff, allowed the application on payment of costs. Aggrieved thereby, the present revision has

been filed.

3. The learned counsel for the revision petitioner/second defendant submitted that Survey No. 213/5 is a natham poramboke land, in respect of which the plaintiff has neither right nor title. It is further contended that the plaintiff is attempting to include the said property as the suit property. The suit was filed nearly 12 years ago, and the written statement has already been filed. At the stage of trial, such an amendment ought not to have been permitted.

4. Considering the submissions made on either side, it is seen that the plaintiff has filed the suit for permanent injunction in respect of 2 cents of land described as 'B' schedule property. While the survey number is correctly mentioned as 213/5 in the plan, it has been mistakenly stated as 213/15 in the schedule to the plaint. The present amendment is sought only to correct the said mistake by substituting the correct survey number. Such an amendment does not alter the nature or character of the suit, but only seeks to rectify an inadvertent error in the description of the property. Therefore, the objections raised by the revision petitioner are not sustainable. However, liberty is granted to the revision petitioner to raise all defences before the Trial Court and contest the matter in accordance with law.

5. In the result, this Civil Revision Petition is dismissed as devoid of merits. No costs. Consequently, the connected miscellaneous petition is closed. 20-04-2026 Index: Yes/No Speaking/Non-speaking order MPA To 1.The Additional District Munsif Court, Gingee. 2.The Village Panchayat Rep. by its President,

3. The Section Officer, V.R.Section, High Court, Madras.

T.V.THAMILSELVI, J.

MPA and CMP.No.10170 of 2026 20-04-2026