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Madras High CourtCRP/3320/2026disposed of

Kuppan v. Valli

2026-06-17Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2026

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and C.M.P.No.14317 of 2026 Kuppan ... Petitioner Vs.

1.Valli 2.The Village Panchayat, Rep. by its President, Thazhangunam Village, Melmalaiyanur Temple, Villupuram District - 604 201.

3.V.Periyasamy 4.Raman 5.Periyasamy ... Respondents Prayer : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to call the records relating to the impugned order dated 07.03.2026 in I.A.No.1 of 2026 in O.S.No.222 of 2013 pending on the file of the Additional District Munsif Court, Gingee, set aside the same, and consequently dismiss the said IA by allowing this CRP. Page No.1 of 6

For Petitioner : Mr.A.Yuvamannar For Respondents : Mr.V.Balakrishnan Government Advocate [R2] *****

ORDER

This Civil Revision Petition has been filed challenging the impugned order, dated 07.03.2026 passed by the Additional District Munsif Court, Gingee in I.A.No.1 of 2026 in O.S.No.222 of 2013.

2. Mr.V.Balakrishnan, learned Government Advocate, takes notice on behalf of the 2nd respondent. Since no adverse order is passed against the respondents 1, 3 to 5 in this revision, notice to the respondents 1, 3 to 5 is dispensed with by this Court.

3. Under the impugned order, the application filed by the 1st respondent/plaintiff seeking to amend the plaint has been allowed on payment of cost of Rs.5,000/-. The petitioner contends that the trial court has committed an error by allowing the amendment application filed after a lapse of 13 years from the date of filing of the written statement of the petitioner and the amendment application if it is allowed, will alter the Page No.2 of 6

character of the suit. The very same defence was raised by the petitioner/3rd defendant in I.A.No.1 of 2026 in O.S.No.222 of 2013. However, the same has been rejected under the impugned order.

4. Admittedly, the suit is in the trial stage. At the stage when the suit is posted for defendant side evidence, the application filed by the 1st respondent/plaintiff seeking amendment of plaint has been allowed by the trial court through its order, dated 07.03.2026. Only under exceptional circumstances, Civil Revision Petitions can be entertained by this Court. If this Civil Revision Petition is entertained at this stage and notice is ordered to the private respondents, it would only drag on the suit proceedings. The petitioner can very well participate in the trial and if the petitioner is confident of success in the suit, he can get the suit dismissed. The grievance of the petitioner as raised in this revision can very well be redressed by the trial court in the main suit.

Since the main suit is posted for defendant side evidence, within a short time, the suit itself can be disposed of by the trial court. Unnecessarily, the petitioner has filed this revision, instead of contesting the suit on merits and raising all defences, which includes the defences that have been raised through this revision. Page No.

5. For the foregoing reasons, this Court is not entertaining this Civil Revision Petition at this stage, but, directs the trial court, namely the Additional District Munsif Court, Gingee to dispose of the suit in O.S.No.222 of 2013, within a period of five (5) months from the date of receipt of a copy of this order.

6. With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

17.06.2026 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The Additional District Munsif Court, Gingee.

2.The President, Village Panchayat, Thazhangunam Village, Melmalaiyanur Temple, Villupuram District - 604 201.

Page No.5 of 6

ABDUL QUDDHOSE , J.

sp 17.06.2026 Page No.6 of 6