1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION Nos.285 to 287 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 Aavudaiyappa Pillai .. Petitioner in all C.R.Ps. Vs. M.S.Muthusamy .. Respondent in all C.R.Ps. Civil Revision Petitions have been filed under Article 227 of the Constitution of India against the fair and decreetal orders dated 24.11.2010 passed in Interlocutory Application Nos.401, 402 and 403 of 2010 in Original Suit No.725 of 2007 by the Additional District Munsif Court, Tenkasi. For Petitioner : Mr.S.Meenakshi Sundaram in all C.R.Ps. COMMON ORDER These Civil Revision Petitions have been preferred against the orders passed in Interlocutory Application Nos.401, 402 and 403 of 2010 in Original Suit No.725 of 2007 by the Additional District Munsif Court, Tenkasi. 2. The revision petitioner herein as plaintiff has instituted Original Suit No.725 of 2007 on the file of the Court below for the reliefs of declaration and perpetual injunction, wherein the present respondent has been shown as sole defendant. During pendency of the same, the revision petitioner as petitioner has come forward with the petitions in Interlocutory Application Nos.401, 402 and 403 of 2010 so as to reopen Original Suit No.725 of 2007 on his side, to recall P.W.1 and also to permit him to adduce additional evidence. The Court below has dismissed all the petitions. Against the dismissal orders passed by the Court below, these Civil Revision Petitions have been preferred. 3. Considering the nature of the orders passed by the Court below and also considering the nature of particulars given in the plaint filed in Original Suit No.725 of 2007, notice need not be sent to the respondent and these Civil Revision Petitions are disposed of on merits at the stage of admission. 4. It is an admitted fact that Original Suit No.725 of 2007 has been instituted for the reliefs of declaration and perpetual injunction in respect of Natham Survey No.700/8A1A. The revision petitioner has filed Interlocutory Application No.403 of 2010 so as to permit him to adduce additional documentary evidence. This Court has perused the documents sought to be produced and all the documents are related to T.S.Nos.302/2 and 303. As stated supra, Original Suit No.725 of 2007 has been instituted only in respect of Natham Survey No.700/8A1A. https://hcservices.ecourts.gov.in/hcservices/ 2 5. The learned counsel appearing for the revision petitioner has contended that original Natham Survey Number mentioned in the plaint has been subsequently changed as T.S.Nos.302/3 and 303 and under the said circumstances the documents mentioned in Interlocutory Application No.403 of 2010 have been filed, but the Court below has erroneously dismissed all the petitions and therefore the dismissal orders passed by the Court below are liable to be interfered with. 6. As stated earlier, Original Suit No.725 of 2007 has been instituted only in respect of Natham Survey No.700/8A1A. As stated earlier, an attempt has been made on the side of the revision petitioner that original Natham Survey No.700/8A1A has been changed as T.S.Nos.302/3 and 303. But necessary averments are totally lacking in the plaint and further the description of property has not been suitably amended. Under the said circumstances, the revision petitioner/ petitioner/plaintiff is bound to amend the plaint in view of changing circumstances. But the same has not been done and therefore the revision petitioner/petitioner/plaintiff can be directed to amend the plaint suitably. Since the revision petitioner/petitioner/plaintiff is bound to amend the plaint suitably, the impugned orders passed in Interlocutory Application Nos.401, 402 and 403 of 2010 in Original Suit No.725 of 2007 by the Court below are liable to be set aside and all the petitions are liable to be remitted to the file of the Court below. 7. In fine, these Civil Revision Petitions are allowed without costs at the stage of admission and the orders passed in Interlocutory Application Nos.401, 402 and 403 of 2010 in Original Suit No.725 of 2007 by the Additional District Munsif Court, Tenkasi are set aside and the petitions filed in Interlocutory Application Nos.401, 402 and 403 of 2010 in Original Suit No.725 of 2007 are remitted to the file of the Additional District Munsif Court, Tenkasi. The revision petitioner/petitioner/plaintiff is directed to take proper steps so as to amend the plaint suitably. The Additional District Munsif Court, Tenkasi is directed to pass suitable orders in all the petitions in question after making amendment in the plaint filed in Original Suit No.725 of 2007. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(P & A) /True copy/ Sub Assistant Registrar(CS) To 1.The Additional District Munsif Court, Tenkasi. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. +1 CC to Mr.Meenakshi Sundaram, Advocate, Sr.No.8969 smn COMMON ORDER PASSED IN C.R.P(PD)(MD)Nos.285 to 287 of 2011 and M.P(MD)No.1 of 2011 17.02.2011 TR : 04.03.2011 : 2p/4c https://hcservices.ecourts.gov.in/hcservices/