Madras High Court
Ramachandran ...Appellant vs M/S.Sivaganga Civil Court on 16 June, 2023
Author: P.Velmurugan
Bench: P.Velmurugan
M.P(MD)No.1 of 2008
in
S.A.No.490 of 2002
P.VELMURUGAN,J
This application is filed to amend the cause title of the
memorandum of the grounds of appeal in S.A.No.490 of 2002 thereby
striking out the name of Mr.Palanichamy from the particulars of the
respondent.
2. The petitioner, who is the respondent in the second appeal, has
filed the present application to amend the memorandum of grounds of
appeal stating that the President of the respondent Sangam died and
therefore, the petitioner herein has filed a petition to strike out the name
of Mr.Palanichamy in the memorandum of grounds of appeal.
3. It is well settled proposition of law that either party can amend
their pleadings and no person can permit to amend the pleadings of the
other person. In this case, the appellant has a right to amend the cause
title and therefore, this petition itself is not maintainable. Hence, this
petition is dismissed.
16.06.2023
am
https://www.mhc.tn.gov.in/judis
P.VELMURUGAN.,J
am
M.P(MD)No.1 of 2008
in
S.A.No.490 of 2002
16.06.2023
https://www.mhc.tn.gov.in/judis
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
S.A.No.490 of 2002
Ramachandran ...Appellant
-Vs-
M/s.Sivaganga Civil Court,
Process Sarvarkal Sangam,
rep. by its President Palanichamy. ...Respondent
PRAYER: Second Appeal filed under Section 100 of Code of Civil
Procedure, against the judgment and decree, dated 20.11.1997 in A.S.No.
24 of 1997 on the file of Principal District Court, Sivaganga reversing
the decree and judgment dated 25.11.1996 on the file of the Additional
District Munsif, Sivaganga.
For Appellant : No appearance
For Respondent : Mr.S.Srinivasa Ragavan
https://www.mhc.tn.gov.in/judis
JUDGMENT
The learned counsel appearing for the respondent submitted
that the learned counsel for the appellant has filed a memo stating that
the appellant died 24.11.2016 and sofar no steps has been taken to
implead legal representatives of the deceased appellant.
2. In view of the fact that the sole appellant died and no steps
has been taken to implead the legal representatives of the deceased
appellant, this appeal is dismissed as abated.
am 16.06.2023
To
1.The Principal District Court,
Sivaganga.
2.The Additional District Munsif, Sivaganga.
3.The Record Keeper,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
P.VELMURUGAN, J.
am S.A.No.490 of 2002 16.06.2023 https://www.mhc.tn.gov.in/judis