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Madras High CourtCRP(MD)/2602/2022allowed

P.Balasubramanian v. Santhanalakshmi

2024-10-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P(MD)No.12720 of 2022 P.Balasubramanian ... Petitioner / Petitioner / Plaintiff Vs.

1.Santhanalakshmi 2.Muthuramalingam 3.T.Sundaram 4.B.Kumar 5.Manimaran 6.The Inspector of Police, B2, Bazaar Police Station, Ramanathapuram Town, Ramanathapuram District.

... Respondents / Respondents / Defendants 1/4

Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order and decreetal order I.A.No. 458 of 2022 dated 10.11.2022 in O.S.No.52 of 2014 on the file of the District Munsif, Ramanathapuram by allowing this civil revision petition. For Petitioners : Mr.R.Senthilkumar For Respondents : Mr.S.Vashik Ali for R.2 & R.4 Mr.Vaikkam Karunanidhi Government Advocate (Criminal Side) for R.6 No Appearance for R.5

ORDER

The plaintiff in O.S.No.52 of 2014 on the file of District Munsif Court, Ramanathapuram is the revision petitioner herein. He filed I.A.No.458 of 2022 seeking amendment of the plaint. It was dismissed vide order dated 10.11.2022. Questioning the same, this Civil Revision Petition came to be filed.

2.The amendment in question is a pre-trial amendment. Therefore, liberal approach has to be adopted. In this view of the matter, the impugned order is set aside.

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3.The defendants are permitted to file an additional written statement. The Court below is directed to dispose of the suit on merits and in accordance with law within a period of five months from the next hearing date. I am giving a direction for time bound disposal taking into account the fact that the suit is 10 years old. 4.This Civil Revision Petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

25.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The District Munsif Court, Ramanathapuram.

2.The Inspector of Police, B2, Bazaar Police Station, Ramanathapuram Town, Ramanathapuram District.

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G.R.SWAMINATHAN, J.

MGA and C.M.P(MD)No.12720 of 2022 25.10.2024 4/4