Madras High CourtCRP(MD)/59/2016dismissed

Dhanalakshmi v. The Accounts Officer

2018-08-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2018

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.59 of 2016 and C.M.P.(MD)No.253 of 2016 Dhanalakshmi ... Petitioner/Petitioner/ Appellant/Petitioner Vs.

1. The Accounts Officer, Office of the Accountant General, (Accounts & Entitlements).

Chennai, Tamil Nadu.

2. The Officer Commanding, Office of the Officer Commanding No.9(T.N.) Signal coy.N.C.C., No.4/938, Rahmath Nagar Post, Tirunelveli 627 011. ... Respondents/Respondents/ Respondents/Respondents PRAYER : Civil Revision Petition is filed under 227 of the Constitution of India, to set aside the order dated 19.06.2015 made in I.A.No.99 of 2014 in C.M.A.No.6 of 2012 on the file of the learned Subordinate Judge, Srivilliputhur.

For Petitioner : Mr.T.Lajapathi Roy For R-1 : Mr.P.Gunasekaran For R-2 : Mrs.S.Srimathy, Special Government Pleader.

O R D E R

The Revision petitioner filed S.O.P.No.2 of 2011 before the learned Principal District Munsif, Srivilliputhur. The said S.O.P., was dismissed. Questioning the same, C.M.A.No.6 of 2012 was filed before the Sub Court, Srivilliputhur.

2. During the pendency of the C.M.A.No.6 of 2012, the Revision petitioner wanted to amend the pleadings. She had originally taken a stand that she got married to one Krishnasamy on 27.05.1980. Now, she wanted to alter the said date to 27.03.1989. The Court below had negatived the said plea for https://hcservices.ecourts.gov.in/hcservices/

amendment. The same is questioned in this Civil Revision petition.

3. Heard the learned counsel on either side.

4. The learned counsel appearing for the Revision petitioner submitted that the petitioner was actually married in the year 1980 to the said Krishnasamy. But then, during the relevant time the first marriage was in subsistence. The divorce appears to have been granted in the year 1988. Thereafter, according to the petitioner, she got married for the second time on 27.03.1989. But then, this is not the case projected before the trial Court. Therefore, there is a considerable merit in the objection raised by the learned counsel for the respondents that in order to get over the Judgment passed by the Court of the first instance, the amendment is sought to be introduced. This Court finds no merit in this Civil Revision petition.

5. The Civil Revision petition stands dismissed, accordingly. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS-III) To

1. The Subordinate Judge, Srivilliputhur.

2. The Record Keeper, V.R.Section, Madurai Bench of Madras High Court, Madurai. (2 COPIES) +1 CC To MR.T.LAJAPATHI RAY, Advocate SR. NO. 79285 +1 CC To MR.P.GUNASEKARAN, Advocate SR. NO. 79739 +1 CC TO The Special Government Pleader SR.NO. 79350 C.R.P.(MD).No.59 of 2016 and C.M.P.(MD)No.253 of 2016 20.08.2018 PMU TR/PM/SAR-III(24.09.2018)2P 7C https://hcservices.ecourts.gov.in/hcservices/