Madras High CourtCRP(MD)/1179/2021dismissed

Selvam, v. Magalingam,

2021-11-18Honourable Ms. Justice P.T. Asha2 pages

C.R.P.(PD) (MD) No.1179 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2021

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.(PD) (MD) No.1179 of 2021 and C.M.P.(MD) No.6837 of 2021 Selvam .. Petitioner/ Respondent/ Defendant -vsMagalingam .. Respondent/ Petitioner/ Plaintiff Prayer :- Petition filed under Article 227 of the Constitution of India to call for the records in respect of Fair and Decreetal order passed in I.A.No.6 of 2020 in O.S.No.107 of 2016 dated 20.11.2020 pending on the file of District Munsiff Cum Judicial Magistrate, Peraiyur and set aside the same.

For Petitioner :

Mr.M.Gnanagurunathan For Respondent :

No appearance ******

ORDER

The revision petitioner, who is the defendant before the District Munsif cum Judicial Magistrate, Peraiyur, is before this Court challenging the dismissal of his application in I.A.No.6 of 2020 filed for amending the relief claimed in the plaint with reference to the interest portion.

2.A connected suit in O.S.No.108 of 2016 has been filed by the revision petitioner against the very same respondent in which, similar application had been filed and was dismissed. That order was challenged by the petitioner in C.R.P.(MD) No.1197 of 2021 and this Court by order dated 01.09.2021 was pleased to dismiss the revision petition holding that the amendment has been prayed for at a time when the evidence had been closed and the matter posted for argument.

https://hcservices.ecourts.gov.in/hcservices/ _________

C.R.P.(PD) (MD) No.1179 of 2021 3.Considering the fact that the prayer sought for in the instant revision is similar, this Civil Revision Petition is dismissed, taking into account the order passed in C.R.P.(MD) No.1197 of 2021, dated 01.09.2021. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) abr Note:-In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To The District Munsiff Cum Judicial Magistrate, Peraiyur.

+1 CC to M/s.M. GNANAGURUNATHAN, Advocate ( SR-35141[F] dated 19/11/2021 ) C.R.P.(PD) (MD) No.1179 of 2021 18.11.2021 RD(01.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ _________