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Madras High CourtCRP/3401/2018disposed of

Padmavathi v. C.Udhayakumar

2019-08-21Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE M.GOVINDARAJ and C.M.P. 19177 of 2018 Padmavathi ... Petitioner Vs C.Udhayakumar ... Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decreetal order dated 18.08.2018 passed in I.A.No.1352 of 2018 in O.S.No.23 of 2017 on the file of learned III Addl. District and Sessions Judge, Erode. For Petitioner : Mr.V.Anandhamurthy For Respondent : Mr.I.C.Vasudevan

O R D E R

Aggrieved over the dismissal of the petition in I.A.No.1352 of 2018 filed for amendment, the petitioner/defendant is before this Court.

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2. The case of the petitioner is that in the written statement, the amount borrowed was wrongly typed as Rs.5 lakhs instead of Rs.15 lakhs and that the respondent/plaintiff himself acted as a broker.

3. From a perusal of the written statement, the Trial Court did not find any supporting averment to substantiate that the amount was borrowed for a sum of Rs.15 lakhs, but in fact, it was typed as Rs.5 lakhs in words also. The further amendment was sought to include the name of the petitioner, which runs contrary to the defence taken by the petitioner in his written statement. Therefore, the Trial Court has rightly dismissed the petition for amendment. However, it is seen that in Sl. Nos. 4 and 6, the amendment sought to be made as follows :- "4. Delete the 08.04.2016 in written statement para 7 line 8 and added 08.09.2019.

6. Delete the 05.06.2016 in written statement para 8 line 1 and added 05.10.2016."

Wherein, there is some typographical errors has crept in. Therefore, the fair and decreetal order of the Trial Court passed in I.A.No.1352 of 2018 in O.S.No.23/2017 dated 18.08.2018 is 2/4

set aside partly permitting amendments in respect of Serial Nos.4 and 6 alone. Accordingly, the present Civil Revision Petition stands disposed of. No costs. Consequently, the connected Civil Miscellaneous Petition is closed. 21.08.2019 rpp To III Addl. and Sessions Judge, Erode at Gobichettipalayam.

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M.GOVINDARAJ,J.

rpp and C.M.P. 19177 of 2018 21.08.2019 4/4