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Madras High CourtCRP/2253/2021disposed of

Jayaprasad, v. Thavamani,

2022-08-10Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP and C.M.P.No.17136 of 2021 G.Jayaprasad ... Petitioner Vs.

1. Mrs.Thavamani

2. G.Sivakumar

3. J.Sindhu ... Respondents Prayer: This Civil Revision Petition had been filed under Article 227 of the Constitution of India, to set aside the Impugned Order dated 16.09.2021, passed in I.A.No.1 of 2021 in O.S.No.314 of 2013 in the file of District Munsif Court at Ambattur.

For petitioner : Mr.B.Deepak Narayanan For Respondents : No appearance

ORDER

The prayer sought for in the present Civil Revision Petition is to set aside the impugned order dated 16.09.2021 made in I.A.No.1/2021 in O.S.No.314 of 2013 on the file of the learned District Munsif Court at Ambattur.

2. I.A.No.1 of 2021 was filed before the Court below for amending the plaint, as typographical errors have crept in Memo of calculation'. Instead of typing "Section 25(d) of the Tamil Nadu Court Fees and Suit Valuation Act", it was wrongly typed as Section 25(c) of the Tamil Nadu Court Fees and Suit Valuation Act and instead of declaration and injunction, it was typed as "injunction", however, the learned trial Judge dismissed the amendment petition.

3. Heard both sides and perused the documents available on record.

4. The learned District Munsif based on the objection of the learned Counsel for the Defendants as Respondents in I.A., dismissed the I.A. Therefore, the Plaintiff had approached this Court by filing C.R.P.No.2253 of 2021 seeking to set aside the order passed in I.A.No.1 of 2021.

5. The Respondents have been served through Court as well as through the counsel who appeared for them in the trial Court. The name of the Respondents have also been printed in the cause list but there is no

representation.

6. On perusal of the records and considering the evidence which had been recorded, the suit ought to have been carried to its logical conclusion. This Court is of the view that the dismissal of the petition by the Court below is not acceptable. Therefore, the order passed by the Court below dismissing the interlocutory application is liable to be set aside.

7. Accordingly, this Civil Revision Petition is allowed. The order passed in I.A.No.1 of 2021 in O.S.No.314 of 2013 is set aside. The learned District Munsif is directed to proceed with the trial after permitting the Plaintiff to amend the plaint and dispose of the suit within a period of two months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

10.08.2022 Index : Yes / No Internet : Yes / No Speaking Order/Non-Speaking Order kmm

SATHI KUMAR SUKUMARA KURUP, J.

kmm To The District Munsif Court at Ambattur.

10.08.2022