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Madras High CourtCRP/732/2016allowed

Sivagami, v. Adhilakshmi,

2016-06-02Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.732 of 2016 & C.M.P.No.3754 of 2016 Sivagami ... Petitioner vs 1.Adhilakshmi 2.Velu 3.State represented by its District Collector, Thiruvallur Having office at Collectorate Thiruvallur 4.The Tahsildar, Ponneri having office at Taluk Office road Ponneri-601 204 ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the order dated 25.08.2015 passed in I.A.No.271 of 2015 in O.S.No.31 of 2012 on the file of the District Munsif, Ponneri. For Petitioner :

Mr.R.Munuswamy For Respondents :

No Appearance *****

O R D E R

This revision challenges the order of learned District Munsif, Ponneri passed in I.A.No.271 of 2015 in O.S.No.31 of 2012 on 25.08.2015.

2. Petitioner is the plaintiff in the suit. She originally had sought the relief of permanent injunction against interference with her possession of the property. Through the written statement, the defendants denied the petitioner's title to the suit property. Therefore, she has moved a petition to amend the plaint, more particularly, the prayer therein towards seeking relief of declaration of title and consequential injunction. Such application has been dismissed on the reasoning that the application for amendment has been moved two and half years after filing of the written statement. Aggrieved thereby, the present revision stands filed.

3. This Court finds erroneous the reasoning of the Court below in dismissing the amendment application. Amendment has been sought before trial. All amendments as would lead to finality of dispute between parties ought to be permitted and liberally at the pretrial stage, even if the petitioner/plaintiff is found to be delayed in seeking amendment, the respondent could well have been compensated in costs.

4. For the aforesaid reasons, the Civil Revision petition shall stand allowed. The order of the District Munsif, Ponneri passed in I.A.No.271 of 2015 in O.S.No.31 of 2012 on 25.08.2015 shall stand set aside. No costs. Connected miscellaneous petition is closed.

02.06.2016 Index:yes/no Internet:yes To The District Munsif, Ponneri

C.T.SELVAM, J kpr Civil Revision Petition (PD) No.732 of 2016 02.06.2016