N.Nirmal Kumar v. M.Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2025

CORAM

THE HONOURABLE MR. JUSTICE P.B.BALAJI C.R.P.No.3203 of 2025 and C.M.P.No.17762 of 2025 N.Nirmal Kumar ... Petitioner Vs.

M.Selvaraj ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the order dated 28.04.2025 in I.A.No. 5 of 2025 in I.A.No. 4 of 2024 in O.S.No. 151 of 2021 by the Court of Principal District Munsif, Thiruvallur and allow the above CRP.

For Petitioner : Mr.P.K.Sabapathi

ORDER

The defendant is the revision petitioner who has filed this revision, challenging the order permitting amendment to the application seeking appointment of Advocate Commissioner. The trial court has allowed the application for amending the prayer sought for by the plaintiff in his application seeking appointment of Advocate Commissioner.

2. The primary contention of the Revision Petitioner is that by filing

application seeking appointment of Advocate Commissioner, the plaintiff is attempting to collect evidence. However, it is seen that Advocate Commissioner application has not yet been ordered and it is pending. Merely because the prayer in the said application is permitted to be amended in the trial court, it does not imply that application is going to be allowed as prayed for. It is always open to the Revision Petitioner to put forth all his objections by way of additional counter which may be received in view of the amendment being ordered. Thereafter, the trial court, after hearing the parties, shall pass orders on merits and in accordance with the law.

3. With the above observations, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

29.07.2025 Index:Yes/No Speaking Order : Yes/No nr P.B.BALAJI, J.

nr

To The Principal District Munsif, Thiruvallur.

C.R.P.No.3203 of 2025 and C.M.P.No.17762 of 2025 29.07.2025