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Madras High CourtCRP/2627/2025allowed

Bharathi v. Dhandapani

2025-07-24Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 24.07.2025

CORAM:

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.R.P (NPD) No.2627 and 2629 of 2025 1.Bharathi 2.Saravanan ... Petitioners in both petitions ..Vs.

1.Dhandapani 2.Chakravarthi 3.Kalaiselvi 4.Premkumar ... Respondent in both petitions Prayer in CRP No.2627 of 2025: This Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the fair and decreetal order dated 09.02.2024 in I.A.No.2 of 2019 in O.S No.92 of 2014 passed by the Additional District Munsif, Thirupathur. Prayer in CRP No.2629 of 2025: This Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to set aside the fair and decreetal order dated 09.02.2024 in I.A.No.1 of 2019 in O.S No.92 of 2014 passed by the Additional District Munsif, Thirupathur. For Petitioner : Mr.S.Bruno Cruz For Respondents : No appearance C O M M O N O R D E R 1/6

Challenge has been made to the orders of the trial Court/Additional District Munsif, Thirupathur, dismissing the two applications filed under Order VI Rule 17 and Section 152 of CPC to amend the survey number in the plaint as well as in the preliminary decree.

2. The suit has been originally filed for claiming partition as against the respondents and a preliminary decree was passed on 01.03.20218, declaring that the petitioners are entitled to 2/5 shares. That decree and judgment had reached its finality as the appeal filed in A.S No.24 of 2018 was dismissed on 27.01.2023. When the matter is pending for passing of final decree proceedings, after the Commissioner had visited the property, he found that the survey number mentioned in the preliminary decree as well as the plaint are not correct. Based on that, two applications in I.A Nos.1 and 2 of 2019 have been taken out to amend the survey number of the second item of the property from 412/2B3 to Survey No.412/2B6, similarly in respect of third item, the amendment was sought from Survey No.427/1C12 to Survey No.427/1C13 and also new Survey No.427/9 and 427/11. However, the 2/6

said applications have been opposed by the respondents on the ground that they had raised the issue even before passing a final decree. With regard to the survey number, without making amendment even before passing a final decree, after passing a preliminary decree, amendment is not maintainable. The trial Court had dismissed the said applications.

3. Heard both sides and also perused the materials available on record.

4. The fact that the mistake crept in the survey number is not in dispute. In fact, the respondents themselves have also admitted that there is a mistake in survey number and it should be corrected. They raised such a defence earlier. However, the same has not been corrected. Only during the final decree proceedings, when the Commissioner has pointed out the survey number as per the survey report, two applications have been taken out to correct the survey number as stated above and when the parties in the lis not disputing the mistake crept in the survey number, this Court is of the view that the trial Court ought to have allowed the amendment.

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5. Ofcourse, an application filed under Order VI Rule 17 of CPC which may not be the correct provision, the amendment is to be allowed by invoking powers under Section 152 CPC. These powers cannot be equated with those of review. The corrections contemplated under Section 152 of CPC is only an accident omissions or mistakes and the very correction of the survey number, in view of this Court will not go into the route of the matter and will not affect the merits. The identity of the property is not disputed and the other side has also clearly acknowledged that there is a mistake in the survey number in the plaint. Therefore, the trial Court ought to have allowed the amendment correcting the survey number in Item 2 and 3 as sought by the petitioners similarly in the plaint also. The orders rejecting the applications filed for amendment to correct the survey number are set aside and the trial Court shall permit the amendment to be carried out in the preliminary decree as well as in the plaint and proceed further.

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6. In the result, these two Civil Revision Petitions are allowed. No costs.

24.07.2025 Index: Yes/No Internet:Yes/No uma To The Additional District Munsif, Thirupathur.

N.SATHISH KUMAR,J uma 5/6

C.R.P (NPD) Nos.2627 & 2629 of 2025 24.07.2025 6/6