D.Senthil v. D.Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN CRP.PD.No.1687 of 2014 and MP.No.1 of 2014 D.Senthil ..Petitioner Vs.

D.Rajendran ..Respondent PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India praying to set aside the fair and decreetal order dated 10.03.2014 made in IA.No.161 of 2014 in OS.No.110 of 2012 on the file of the District Munsif Court, Dharmapuri by alowing this Civil Revision Petition.

For Petitioner : Mr.C.Munusamy For Respondent : No Appearance

ORDER

This Civil Revision Petition is directed as against the fair and decreetal order dated 10.03.2014 made in IA.No.161 of 2014 in OS.No.110 of 2012 on the file of the District Munsif Court, Dharmapuri thereby allowing the petition filed by the respondent for amending the written statement.

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2.

The petitioner is the plaintiff, who filed suit as against the respondent for bare injunction. After filing the written statement, trial also commenced. While cross examination of PW1, the respondent sought amendment in the written statement filed by him.

3. On perusal of the petition filed by the respondent revealed that the amendment sought for by the respondent would not change the character of the defence raised by the respondent herein. Further it does not alter the nature and character of the suit. Therefore, the trial court rightly allowed the petition. As such, this Court finds no irregularity or infirmity in the order passed by the court below. 4.

Accordingly, this Civil Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. No order as to costs.

21.01.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok 2/4

To The District Munsif Court, Dharmapuri 3/4

G.K.ILANTHIRAIYAN,J.

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