Irulayi v. M.Rasu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(PD)(MD)No.128 of 2018 and C.M.P.(MD)No.553 of 2018 Irulayi ... Revision Petitioner Vs 1.M.Rasu 2.P.Subramani 3.S.Raghu ... Respondents PRAYER : Petition filed under Article 227 of the Constitution of India to call for the records pertaining to the fair and decreetal order passed in I.A.No.343 of 2017 in O.S.No.292 of 2013 dated 21.09.2017 on the file of the Additional District Munsif Court, Tirumangalam and set aside the same.

For Petitioner : Ms.N.Tamilmani For R1 : Mr.R.Suryanarayanan For R2 and R3 : No appearance

ORDER

O.S.No.292 of 2013 on the file of the Additional District Munsif Court, Tirumangalam was filed by the revision petitioner herein. In the said suit, she filed an I.A., for amendment. The said I.A., was dismissed by the Court below. Challenging the dismissal order, this Civil Revision Petition has been filed. 2.Heard the learned counsel on either side.

3.It is seen that the amendment in question is a pre trial one. Therefore, the Court below ought to have adopted an indulgent approach.

4.Therefore, the order impugned in this Civil Revision Petition is set aside and this Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. https://hcservices.ecourts.gov.in/hcservices/

5.However, it is made clear that the amendment will come into effect only on the date when the I.A., was filed. The respondents will be at liberty to file an additional written statement and also to raise all their pleas.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar(CS-I) To Additional District Munsif Court, Tirumangalam.

+1cc to Ms.N.Tamilmani ,Advocate Sr.No.92760 PNN KM/SV/SAR1/27.12.2018/2P/3C ORDER MADE IN C.R.P.(PD)(MD)No.128 of 2018 and C.M.P.(MD)No.553 of 2018 29.10.2018 https://hcservices.ecourts.gov.in/hcservices/