Rajam v. Rajeswari

1 C.R.P.(MD)No.2216 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.2216 of 2024 and C.M.P.(MD)No.12560 of 2024 Rajam ... Petitioner /Petitioner/ Defendant Vs.

1. Rajeswari

2. Sakthivel ... Respondents/Respondents/ Plaintiffs PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed in I.A.No.1 of 2024 in O.S.No.112 of 2024 on the file of the Additional District Munsif, Tenkasi dated 24.07.2024.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.A.Balakrishnan ***

2 C.R.P.(MD)No.2216 of 2024

O R D E R

Heard both sides.

2. The revision petitioner is figuring as defendant in O.S.No.112 of 2024 on the file of the Additional District Munsif, Tenkasi. The petitioner has also raised counter claim. The petitioner seeks declaration and recovery of possession. The trial has commenced and the defendant has also let in evidence. It was then found out that there is a misdescription of the property. It is purely a typographical error. That was sought to be corrected by filing an amendment petition. It was dismissed on the ground that it is the post-trial amendment. The petitioner's counsel states that the present amendment is in consonance with the pleadings and that there is no need to even adduce any further evidence.

3. I am satisfied that only the typographical error is sought to be corrected and that there is no change in the character of the suit or introduction of new cause of action.

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4. In this view of the matter, the impugned order is set aside. This civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

30.10.2024 Index : yes/No Internet:Yes/No PMU To The Additional District Munsif, Tenkasi.

4 C.R.P.(MD)No.2216 of 2024 G.R.SWAMINATHAN,J.

PMU C.R.P.(MD).No.2216 of 2024 30.10.2024