M/S.Crescent Housing P Ltd And Another v. M.Jamaludeen And 9 Others
A.No.4234 of 2023 in CS.No.576 of 2019 A.No.4234 of 2023 in CS.No.576 of 2019 R.N.MANJULA, J The applicants are the plaintiffs. The application has been filed to carry out various amendments in view of the numerous clerical errors crept in the plaint.
2. The learned counsel for the applicants/plaintiffs submitted that despite the particulars of amendment contains several corrections to be carried out, that does not change the nature of the suit, but only give more clarity about the submissions made and the reliefs sought.
3. On perusal of the plaint and the particulars of the amendment, it is spelt that the corrections by way of an amendment is needed due to the bad drafting of the plaint. If the plaint is not amended suitably to convey a better meaning, it will cause difficulty in every stage of the proceedings. Neither the parties nor the Court can get clarity about what is being said or prayed by the plaintiffs. As stated by the learned counsel for the applicants/plaintiffs, https://www.mhc.tn.gov.in/judis 1/2
A.No.4234 of 2023 in CS.No.576 of 2019 R.N.MANJULA, J kmi the narration in the plaint is not proper and essential facts are not conveyed in a clear manner. In certain places of the plaint, the land owners are described as defendants. Hence, in the interest of justice, I feel the amendment has to be allowed.
4. Accordingly, this application is allowed. The applicants/plaintiffs shall carry out the necessary amendment in the plaint and file a copy of the amended plaint.
31.08.2023 kmi A.No.4234 of 2023 in CS.No.576 of 2019 https://www.mhc.tn.gov.in/judis 2/2