S.Ravindra Kumar v. Dhana Capital And Finance Limited
in CRP.SR.Nos.96340 and 124412 of 2025 P.B.BALAJI, J.
Heard the learned counsel for the petitioner.
2. The defendant is the revision petitioner. It appears that the suit was originally filed before this Court on original side and subsequently in view of enhancement of jurisdiction of the City Civil Court, Chennai, the suit was transferred to the XIX Additional City Civil Court, Chennai as O.S.No.2444 of 2019. Pending the said suit, the respondent / plaintiff has taken out an application to amend the cause title in the suit reflecting the new name of the plaintiff's company i.e., Dhana Capital and Finance Limited instead of M/s.Christina Finance & Investment Limited. The said application was ordered and subsequently the petitioner herein having remained ex-parte, the suit also came to be decreed. Subsequently, the petitioner has taken out an application by way of an Interlocutory Applications in the said suit to set aside the ex-parte decree, along with an application is to condone the delay. 1/3
3. In both the applications, the petitioner has reflected the plaintiff's name as per the original cause title and not in the name as in the amended cause title. The applications have been numbered and subsequently came to be dismissed, as against which the present revision has been filed. The respondent / plaintiff has objected to the said applications by filing a detailed counter affidavit. However, in the counter affidavit, there is no plea with regard to the incorrect cause title i.e., wrong name of the plaintiff being portrait on merits. The application came to be dismissed as against which the present revision has been filed.
4. In view of the above, I do not see why the cause title should not be accepted, in order to correct the name of the plaintiff.
5. These Civil Miscellaneous Petitions are ordered as prayed for. 20.08.2025 jas Note: Registry is directed to number the main cases, if the papers are otherwise in order and post the main cases for admission on 25.08.2025. 2/3
P.B.BALAJI, J.
jas in CRP.SR.Nos.96340 and 124412 of 2025 20.08.2025 3/3