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Madras High CourtCRP/2239/2026dismissed

Rajeswari v. Valliammal

2026-06-04Honourable Mr Justice Abdul Quddhose4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE and C.M.P. No.9725 of 2026 Rajeswari ..Petitioner(s) Vs

1. Valliammal

2. Arun

3. Gopalsamy ..Respondent(s) PRAYER - This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and final order dated 24-09-2025 passed by the Learned Subordinate Judge, Udumalpet in IA.No.6 of 2025 in OS.No.337 of 2018.

For Petitioner(s):

Mr.M.N.Balakrishnan

O R D E R

This Civil Revision Petition has been filed challenging the impugned order dated 24.09.2025 passed by the Sub Court at Udumalpet in I.A.No.6 of 2025 in O.S.No.337 of 2018.

2.The aforesaid application was filed by the plaintiff in the suit, seeking to transpose the 2nd and 3rd defendants as plaintiffs 2 and 3. The said application was allowed by the Trial Court. Aggrieved by the same, the 1st defendant in the suit has filed this Civil Revision Petition.

3.The 1st defendant has filed this Civil Revision Petition on the ground that Order XXIII Rule 1A of C.P.C. does not permit the plaintiffs to file an application to transpose the defendants as plaintiffs in the suit. The petitioner has only raised a technical defence, namely quoting wrong provision of law for I.A.No.6 of 2025 in O.S.No.337 of 2018.

4.The law is well settled that even if wrong provision of law is quoted, if the relief can be granted, quoting wrong provision of law will not affect the result of the Interlocutory Application. In view of the settled law, the petitioner cannot rely upon the wrong quoting of the provision of law for filing the application by the plaintiff for seeking to transpose the 2nd and 3rd defendants as plaintiffs 2 and 3 in the suit. Therefore, this Court does not find any merit in the Civil Revision Petition.

5.Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 04-06-2026 Index: Yes/No Speaking/Non-speaking order GSA To The Subordinate Judge, Udumalpet.

ABDUL QUDDHOSE, J.

GSA 04-06-2026