Madras High CourtCRP(MD)/440/2024disposed of

Vasantha v. Veilatchi

2024-02-22Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.2243 of 2024 1.Vasantha 2.Veilatchi 3.Thangadurai 4.Poun Duraitchi 5.Chinna Veilatchi ... Petitioners/Respondents 7 to 11/ Defendants 8 to 12 Vs.

1.Veilatchi, 2.Krishnammal ... Respondents 1 & 2/ Petitioners/Plaintiffs 3.Ramuthai 4.Petchiammal 5.Chinna Veilu Muthu 6.Raja 7.Periya Veilatchi 8.Chinna Veilatchi 9.Muthuraj ... Respondents 3 to 9/ Respondents 1 to 6 & 12/ Defendants 1 to 6 & 13.

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PRAYER : Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.1 of 2023 in O.S.No.55 of 2022, dated 22.08.2023 on the file of the Sub Court, Kovilpatti.

For Petitioners : Mr.H.Arumugam

ORDER

This civil revision petition has been filed to set aside the fair and decreetal order passed in I.A.No.1 of 2023 in O.S.No.55 of 2022, dated 22.08.2023 on the file of the Sub Court, Kovilpatti. 2.The learned counsel for the petitioners would submit that the 6th and 7th defendants are one and the same person, but called in different names. For that purpose, the plaintiff filed the amendment petition to delete the name of the 7th defendant and to rearrange the parties. The grievance of the petitioners is that if they re-arranged trouble may arise with regard to the status of the written statement filed by other defendants. So according to the counsel for the petitioner, only the name of the 7th defendant ought to have been mentioned 'as deleted' in stead of re-arranging the parties.

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3.The counsel on record for the petitioner submitted that here one person is shown as two persons. So automatically one name should be deleted. Then rearrangement is the only possible way. Who has to carry out the amendment is next question. The Court can decide such stops. So she must appear before the trial Court for making corrections in the written statement filed by the defendants.

4.With the above said observations and directions, this civil revision petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

22.02.2024 Index :

Yes / No Internet :

Yes / No TM To 1.The Subordinate Judge, Kovilpatti.

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

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G.ILANGOVAN ,J.

TM 22.02.2024 4/4