Madras High Court
P.J.Johnson vs Mrs.Ramathilagam on 8 September, 2022
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
C.R.P. No.4136 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI
C.R.P.No.4136 of 2017
and
C.M.P.No. 19390 of 2017
P.J.Johnson,
S/o. P.Joseph ... Petitioner
Versus
Mrs.Ramathilagam,
W/o. Krishnamoorthy ... Respondent
PRAYER : Civil Revision Petition is filed under Art. 227 of Constitution
of India, praying to set aside the fair and Decreeal order passed in
I.A.No.536 of 2017 in O.S. No.218 of 2014, dated 15.09.2017 on the file of
Addl. District Munsif, Poonamallee.
For Petitioner : Mr.R.Marudhachalamurthy
For Respondent : Mr.G.Dilipkumar
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https://www.mhc.tn.gov.in/judis
C.R.P. No.4136 of 2017
ORDER
The petitioner herein is the defendant in the suit in O.S.No.248 of 2014 filed by the respondent/plaintiff for the relief of permanent injunction. During the pendency of the suit proceedings, the respondent filed an application in I.A.No. 536 of 2017 to amend the plaint by including the prayer of declaration under Order 6 Rule 17 of C.P.C. and the said application was strongly objected by the defendant stating that as it is highly belated one. Even though the defendant has claimed right over the property in his written statement in the year of 2014, the plaintiff has not taken any steps to amend the plaint immediately and only after beginning of the rial, he filed this application with ulterior motive. On considering the submissions of both sides, the trial court allowed the said application as it is just and necessary.
2. Challenging the said findings, the defendant filed this revision petition stating that the trial court failed to take note of the fact that there is no reason offered on the side of plaintiff in not filing the amendment application in time. Only after commencement of trial, the plaintiff filed that 2/5 https://www.mhc.tn.gov.in/judis C.R.P. No.4136 of 2017 application and the court below without assigning any reasons, allowed that application.
3. The learned counsel for petitioner submitted that he filed written statement claiming right over the suit property and he has also gifted the property to his son. Having come to know the said fact, the plaintiff not taken any steps to amend the plaint immediately. He would further submit that in the amendment sought for, it was submitted by the plaintiff as if in the earlier proceedings in C.R.P.No.2138 of 2017, this court granted liberty to the plaintiff to approach the trial court with regard to the title over the property, but no such liberty was granted and the same was also observed by the trial court. Furthermore, as per the submissions of both sides, the suit became part-heard and due to the pendency of this Civil Revision Petition and the suit was filed in the year of 2014, the plaintiff is entitled to declare his title over the property, since the defendant also claimed that he is having title over the property. Hence, the plaintiff filed the application to amend the plaint with regard to declaration of title. But with regard to the reasons stated for amendment sought to be included in the plaint, he was advised to amend the plaint, which is extracted hereunder:-
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https://www.mhc.tn.gov.in/judis C.R.P. No.4136 of 2017 “ADD Para 9(a) :- 4. The defendant in his written statement claimed that he had settled the suit property to his son P.J. Tites under gift deed dated 29.07.2013. The plaintiff filed an application I.A.No.39 of 2017 to implead him as 2nd defendant in the suit. The said application was dismissed on 26.04.2017.” As there was no liberty granted in the earlier C.R.P. proceedings, the plaintiff is not permitted to incorporate those pleadings in the plaint and to that effect, the amendment is restricted. Accordingly, this Civil Revision Petition is disposed of and the plaintiff is permitted to amend the plaint as discussed above. Before the trial court, already the suit became part heard, the trial court is directed to dispose the matter within a period of four months from the date of receipt of this order. No costs. Consequently, the connected Civil Miscellaneous Petition is closed.
08.09.2022 rpp To Addl. District Munsif, Poonamallee.
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https://www.mhc.tn.gov.in/judis C.R.P. No.4136 of 2017 T.V.THAMILSELVI, J.
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