LAWS(MAD)-2014-6-458

SANMARGA SANGAM Vs. P SRINIVASAN; S HARICHARAN

Decided On June 20, 2014
Sanmarga Sangam Appellant
V/S
P Srinivasan; S Haricharan Respondents

JUDGEMENT

(1.) The Civil Revision Petitions are filed against the fair and decreetal order dated 28.02.2014 made in I.A.Nos.88 and 112 of 2013 in O.S.No.7 of 2012 on the file of the III Additional District Court, Thiruvallur at Poonamallee.

(2.) The revision petitioner herein as a plaintiff filed a suit in O.S.No.7 of 2012 for declaration of title and recovery of possession. The defendants/respondents herein have filed an application in I.A.No.339 of 2012 to decide the issue with regard to valuation of the suit property and payment of court fee and then they filed their written statement in the suit. The trial Court, after hearing both sides, partly allowed the application directing the plaintiff to amend the plaint with regard to the market value of the suit property and to pay the deficit court fee.

(3.) Learned counsel for the revision petitioner submitted that the revision petitioner filed an application in I.A.No.88 of 2013 under Order VI Rule 17 of C.P.C. to amend the plaint, in which, the plaintiff has sought for three amendments, that is to substitute the Secretary name E.Palani to the Sangam in both the short and long cause titles and also incorporating one portion in respect of payment of Court fee in para 16(a) of the plaint. Even though the trial Court allowed the substitution of name of the Secretary in both the short and long cause titles, it disallowed the application in respect of third amendment in relation to payment of court fee, which is against law. Therefore, the revision petitioner/Sangam preferred C.R.P.(PD)No.1624 of 2014.