S.A.Radhakrishna Raja v. Santhanapoornammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P.(MD)No.12186 of 2024 S.A.Radhakrishna Raja ... Petitioner / Petitioner / Plaintiff Vs.

1.Santhanapoornammal 2.Baskar 3.Uthayakumar 4.Selvaraj 5.L.Ramasubramaniyan 6.Rajalakshmi 7.Seethalakshmi 8.Lakshmanan 9.Ponnuchamy (died) 10.Ponnumani 11.Sivaraman 1/4

12.Veeralakshmi 13.Ayothiraman 14.Ayyappan 15.Lakshmanan 16.P.Ramasubamaniyan 17.Ramasamy 18.Boopathy ... Respondents / Respondents / Defendants Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 21.02.2024 passed by the District Munsif Court, Rajapalayam in I.A.No.2 of 2023 in O.S.No.19 of 2023. For Petitioner : Mr.K.Sudalaiyandi For Respondent : Mr.Y.Prakash for R1 to R8 & R10 to R18

O R D E R

Heard both sides.

2. The plaintiff in the suit is the revision petitioner. He applied for amendment of the suit prayer. He wanted to include the relief of declaration also. It was dismissed. Questioning the same, this civil revision petition has been filed.

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3. The suit itself was filed only in 2023. Amendment has been filed immediately. If the amendment has been filed beyond three years, then I can understand. That is not the case here. In as much as, the amendment petition has been filed within the limitation period, the court below ought not to have dismissed the same.

4. In this view of the matter, the impugned order is set aside. The Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

22.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No rmi To:

The District Munsif Court, Rajapalayam .

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G.R.SWAMINATHAN, J.

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