Ilangovan v. Selva Vadivu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09.02.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR and CMP(MD) No.18249 of 2025 Ilangovan ... Petitioner Vs 1.Selva Vadivu 2.Lakshmi ... Respondents 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 2025 in O.S.No. 7 of 2024 on the file of V Additional Sub-Court, Tiruchirapalli dated 03-09-2025.

For Petitioner : Mr.S.Kumar For R1 : Mr.Sanjay Sundaram For R2 : Ms.Srinithi Priya legal aid counsel and Mr.M.Solaisamy 1/5

ORDER

This Civil Revision Petition has been filed challenging the order made in I.A.No.1 of 2025 in O.S.No.7 of 2024 dated 03.09.2025 on the file of the V Additional Sub Court, Tiruchirappalli. 2.The first respondent/plaintiff filed a suit in O.S.No.7 of 2024 for damages. During the pendency of the suit, the first respondent filed an application in I.A.No.1 of 2025 under Section 151 of the Code of Civil Procedure, seeking to enhance the claim amount from Rs.2,00,000/- to Rs.25,00,000/- by way of amendment. The said application was allowed. Challenging the same, the present Civil Revision Petition has been filed.

3.The learned counsel for the petitioner would submit that the amendments sought for by the first respondent falls within the scope of amendment of pleadings and therefore, the first respondent ought to have filed an application under Order VI Rule 17 CPC. Therefore, the application filed under Section 151 CPC for amendment is not maintainable and the order passed therein is also liable to be set aside. Hence, he prays for appropriate orders. 2/5

4.The learned counsel for the respective respondents concede with the submission of the learned counsel for the petitioner. 5.In the light of the above, this Civil Revision Petition stands allowed, granting liberty to the first respondent/plaintiff to file a proper application under Order VI Rule 17 of CPC, seeking amendment, if she is so advised. The order impugned herein is hereby set aside. No costs. Consequently, connected Miscellaneous Petition is closed.

6.This Court places on record its appreciation for the commendable efforts of the legal aid counsel appointed by this Court namely, Ms.Srinithi Priya, for conducting the case diligently and providing valuable assistance to this Court. The High Court Legal Services Committee attached to this Bench shall pay a total sum of Rs.10,000/- towards remuneration to the legal aid counsel for conducting the case, within a period of two weeks from the date of receipt of a copy of this order, without fail. 3/5

7.Registry is directed to forward a copy of this order to the Legal Aid Committee for information.

Speaking : Yes / No 09.02.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To The V Additional Subordinate Judge, Tiruchirapalli. 4/5

N.SENTHILKUMAR, J.

mm 09.02.2026 5/5