Madras High CourtCRP(MD)/288/2024allowed

R.Chandrasekaran v. V.N.Ramamoorthy

2024-03-27Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and CMP(MD)No.1333 of 2024 R.Chandrasekaran

...Petitioner/Petitioner/Plaintiff

Vs.

1.V.N.Ramamoorthy ..1st Respondent /Respondent/Defendant No.1 2.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Ponnagaram, Rajapalayam, Virudhunagar District.

..2nd Respondent/Respondent/Proposed 2nd Defendant PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order passed in I.A.No. 6 of 2023 in O.S.No.31 of 2019 dated 22.12.2023 on the file of the District Munsif Court, Rajapalayam.

For Petitioner : Mr.R.Sivakumar For R1 : Mr.M.Thirunavukkarasu For R2 : M/s.S.Banumathi 1/4

O R D E R

This Civil Revision is filed to set aside the order passed in I.A.No. 6 of 2023 in O.S.No.31 of 2019 dated 22.12.2023 on the file of the District Munsif Court, Rajapalayam. 2.The learned counsel for the petitioner submitted that the petitioner has filed I.A.No.6 of 2023 in O.S.No.31 of 2019 for amendment of plaint. The trial court has dismissed the said application.

3. The learned counsel for the 1st respondent would submit that the trial court has rightly dismissed the petition for amendment and the same does not warrant interference by this Court.

4.On 20.03.2024, when the matter was taken up for hearing, the learned counsel for the petitioner undertakes to give Rs.2,500/- to the respondent for the delay caused by him. Today, it is 2/4

submitted that the order dated 20.03.2024 is complied with by the petitioner and the learned counsel for the 1st respondent submitted that the 1st respondent has received the said amount.

5. Considering the facts and circumstances of the case, this Court is inclined to set aside the order impugned in this revision and the same is set aside. Accordingly, this revision is allowed. No costs. Consequently, connected miscellaneous petition is closed. 27.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM To

1. The District Munsif Court, Rajapalayam.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court,Madurai. 3/4

G. ILANGOVAN, J.

CM and CMP(MD)No.1333 of 2024 27.03.2024 4/4