Judgments
Judgments
  1. Home
  2. /
  3. Madras High Court
  4. /
  5. 2017
  6. /
  7. January

Subramanian vs Janakiraman

Madras High Court|07 August, 2017
|

JUDGMENT / ORDER

This Civil Revision Petition is directed against the order dated 09.12.2015 passed in I.A.No.736 of 2015 in O.S.No.153 of 2015, allowing the plaintiff / respondent herein, to make amendment in the plaint.
2. The Trial Court, after considering the contentions raised by both the parties, has permitted the plaintiff/respondent to make amendment in the plaint. While allowing the application, the Trial Court has also observed that in the event of allowing amendment, the defendant/petitioner will be given an opportunity, to file additional written statement. At the same time, if the amendment is not allowed, it will lead to multiplicity of proceedings. With these findings, the Trial Court has allowed the application filed for amending the plaint. Challenging the same, the petitioner / defendant has preferred the present Civil Revision Petition.
3. A perusal of the records, it is found that the amendment sought for does not affect or prejudice the rights of the other side. It appears to be genuine. Since the trial had not commenced, the Trial Court has rightly allowed the amendment.
4. This Court finds no reason to interfere with the decision taken by the Trial Court. The petitioner has come up with the present Civil Revision Petition after two years. Now, the matter is posted for cross examination of P.W.1. Therefore, the order passed by the Trial Court need not be interfered. In so far as the claim to file additional written statement as indicated in the order is concerned, it is open to the petitioner to work out his remedy before the Trial Court, in accordance with law.
5. With the above observations, the Civil Revision Petition is dismissed. No costs. Consequently, connected civil miscellaneous petition is closed.
07.08.2017 Index : Yes/No Internet : Yes/No TK To The Additional District Munsif Villupuram.
M.GOVINDARAJ, J.
TK
C.R.P.(PD) NO.2694 OF 2017
07.08.2017
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Subramanian vs Janakiraman

Court

Madras High Court

JudgmentDate
07 August, 2017
Judges
  • M Govindaraj