CRP/2356/2026 of V.Periyasamy Vs Valli
CRP No. 2356 of 2026
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-04-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP No. 2356 of 2026
and CMP.No.10170 of 2026
V.Periyasamy
S/o. Veeran,
Anna Nagar,
Thazhangunam Village,
Melmalaiyanur Taluk,
Villupuram Dist 604201.
..Petitioner(s)
Vs
1. Valli
W/o. Late Elumalai,
Anna Nagar,
Thazhangunam Village,
Melmalaiyanur Taluk,
Villupuram Dist 604 201.
2. The Village Panchayat
Rep. by its President,
Thazhangunam Village,
Melmalaiyanur Taluk,
Villupuram Dist 604 201.
3. Kuppan
S/o. Ramasamy,
Anna Nagar,
Thazhangunam Village,
Melmalaiyanur Taluk,
Villupuram Dist 604 201.
4. Raman
S/o. Uththandi,
Anna Nagar,
Thazhangunam Village,
Melmalaiyanur Taluk,
Villupuram Dist 604 201.
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CRP No. 2356 of 2026
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5. Periyasamy
S/o. Kuppusamy,
Anna Nagar,
Thazhangunam Village,
Melmalaiyanur Taluk,
Villupuram Dist 604 201.
..Respondent(s)
PRAYER: Civil Revision Petition filed under Article 227 of Constitution of
India, praying to call for the records in I.A.No.1 of 2026 in O.S.No.222 of 2013
dated 07.03.2026 pending on the file of Additional District Munsif Court,
Gingee and set aside the same and dismiss the I.A.by allowing this C.R .P. and
pass such other or further orders as this Honble Court.
For Petitioner(s): MR.R.Prakalathan
For Respondent(s): Mr.M.Murali
GA for R2
ORDER
Challenging the impugned order passed in I.A. No. 1 of 2026 in O.S. No.
222 of 2013 dated 07.03.2026 on the file of the Additional District Munsif
Court, Gingee, the second defendant has preferred the present revision.
2. Before the Trial Court, the plaintiff filed I.A. No. 1 of 2026 seeking
amendment of the plaint. The said application was filed to amend the
description of the suit property by deleting Survey No. 213/15 and substit uting
it with Survey No. 213/5, which is the correct survey number. It was stated that,
by mistake, the survey number had been mentioned as 213/15 instead of 213/5.
Therefore, the plaintiff sought permission to carry out the said amendme nt.
The Court below, upon considering the submissions of the plaintiff, allowed the
application on payment of costs. Aggrieved thereby, the present revision has
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CRP No. 2356 of 2026
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been filed.
3. The learned counsel for the revision petitioner/second defendant
submitted that Survey No. 213/5 is a natham poramboke land, in respect of
which the plaintiff has neither right nor title. It is further c ontended that the
plaintiff is attempting to include the said property as the suit property. The suit
was filed nearly 12 years ago, and the written statement has already been filed.
At the stage of trial, such an amendment ought not to have been permitted.
4. Considering the submissions made on either side, it is seen that the
plaintiff has filed the suit for permanent injunction in respect of 2 cents of land
described as ‘B’ schedule property. While the survey number is correctly
mentioned as 213/5 in the plan, it has been mistakenly stated as 213/ 15 in the
schedule to the plaint. The present amendment is sought only to correct the said
mistake by substituting the correct survey number. Such an amendment does not
alter the nature or character of the suit, but only seeks to recti fy an inadvertent
error in the description of the property. Therefore, the objections raised by the
revision petitioner are not sustainable. However, liberty is granted to the
revision petitioner to raise all defences before the Trial Court and contest the
matter in accordance with law.
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CRP No. 2356 of 2026
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5. In the result, this Civil Revision Petition is dismissed as devoid of
merits. No costs. Consequently, the connected miscellaneous petition is closed.
20-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
MPA
To
1.The Additional District Munsif Court, Gingee.
2.The Village Panchayat
Rep. by its President,
Thazhangunam Village,
Melmalaiyanur Taluk,
Villupuram Dist 604 201.
3. The Section Officer, V.R.Section, High Court, Madras.
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CRP No. 2356 of 2026
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T.V.THAMILSELVI, J.
MPA
CRP No. 2356 of 2026
and CMP.No.10170 of 2026
20-04-2026
https://www.mhc.tn.gov.in/judis