High Court · 2025

CRP Nos.852 and 784 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 05-11-2025CORAMTHE HONOURABLE MR.JUSTICE S. SOUNTHARCRP No. 852 and 784 of 2024 andCMP No.4200 of 2024 1. Sri Kripa ConstructionsRep by its Partner A.Sampath Kumar Door No.275/125, Guha Ashram Fairlands, Salem 636 061Petitioner(s) in both CRPSVs1. M/s Shreevelu Builder (p) LimitedRep by its Director Mr.C.Kathirvel 2.C.KathirvelS/o M.P.Chokkalingam,3.N.V.K.VelanRespondents 1 to 3 having office at Door No.28, 9th Avenue Ashok Nagar, Chennai 600 0834.S.PadmasiniW/o N.Santhana Krishnan, Flat No.1, Saraswathy Apartment, Ramakrishnan Road, Salem 636 0071 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 20245.S.AnuradhaD/o N.Santhana Krishnan, Flat No.2, Saraswathy Apartment, Ramakrishnan Road, Salem 636 0076.R.Vijaya KumarS/o T.Ramalingam, Flat No.3, Saraswathy Apartment, Ramakrishnan Road, Salem 636 0077.V.C.S.SivaramanS/o Subbrayalu Reddiar, Flat No.4, Saraswathy Apartment, Ramakrishnan Road, Salem 636 0078.M.RenganathanS/o R.Muthukrishnan, Flat No.5, Saraswathy Apartment, Ramakrishnan Road, Salem 636 0079.K.PalaniandiS/o A.Karuppannan, Flat No.6, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00710.K.Naresh KingerS/o Kishindas Dwarkadas, Flat No.7, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00711.Harish GupthaW/o Not Known, Flat No.8, Saraswathy Apartment, Ramakrishnan Road, Salem 636 0072 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 202412.S.Santha KumarS/o V.Sugaganam 12/P, NGO Nagar Colony Annex Chinnathirupathy, Salem 636 00813.Santhi ThanigachalamW/o Thanigachalam, Flat No.10, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00714.S.VaradappanS/o Not Known, Flat No.11 Saraswathy Apartment, Ramakrishnan Road, Salem 636 00715.B.C.ReddyS/o B.Radhakrishnan, Flat No.12, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00716.B.V.S.ManiS/o B.Balakrishnan, Flat No.13, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00717.B.R.SrikanthS/o B.V.Rengachari, Flat No.14, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00718.JAYAACHANDRANS/o Not known, Flat No.17, Saraswathy Apartment, Ramakrishnan Road, Salem 636 0073 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 202419.K.BuvanendranS/o Kandasamy Mudaliar, Flat No.18, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00720.James P.ChackoS/o P.T.Chcko, Flat No.19, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00721.N.K.MukundanS/o N.R.Kuppusamy, Flat No.02, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00722.Nirmala KrishnachettyW/o Krishnachetty, Flat No.21, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00723.B.AnnapooraniW/o P.M.Balasubramanian, Flat No.22, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00724.M.N.RajagopalS/o not known Flat No.24, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00725.K.M.KavithaW/o N.S.Mohan Kumar Flat No.25, Saraswathy Apartment, Ramakrishnan Road, Salem 636 0074 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 202426.A.ViswanathanS/o A.Ampoiram, Flat No.26, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00727.D.Aarthi PadmaW/o G.N.Karthick, Flat No.27, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00728.C.Chaya PillaiS/o Not known, Flat No.28, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00729.V.M.SapapaatheeS/o Not known, Flat No.29, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00730.SHANMUGARAJAS/o A.Manoharan Flat No.31, Saraswathy Apartment, Ramakrishnan Road, Salem 636 00731.M.S. NagarajanS/o M.N.Srinivasan Flat No.32, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007Respondent(s) in both CRPS.5 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 2024PRAYER in CRP No.852 of 2024: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the common order and decree dated 05.12.2023 made in IA.NO. 9 of 2023 in OS.No. 19 of 2013 on the file of the III Additional District Munsif Court, Salem.PRAYER in CRP No.784 of 2024: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the common order and decree dated 05.12.2023 made in IA.NO. 10 of 2023 in OS.No. 19 of 2013 on the file of the III Additional District Munsif Court, Salem.For Petitioner(s):Mr. R. Asokan in both CRPSFor Respondent(s):in CRP No.852 of 2024Mr.V.Sekar for R4, R5 & R11No representation for R1 to 3 in CRP No.784 of 2024R1 to R3 vacatedMr.V.Sekar for R4, R5 and R11No representation for R19COMMON ORDERThese Civil Revision Petitions are filed, challenging the common order passed by the court below, dismissing the applications filed by the petitioner to re-open the case and to amend the plaint, so as to incorporate a prayer for recovery of money.6 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 20242. The petitioner/plaintiff filed a suit in O.S.No.19 of 2013 for permanent injunction against the defendants. The present applications have been filed, when the suit was posted for judgment. The case of the petitioner/plaintiff is that during cross examination, the DW1 admitted about the liability of the defendants 1 to 3 towards the petitioner. Therefore, the instant applications have been filed seeking reopen the case and to include a prayer for recovery of money.3. A perusal of the impugned order would suggest that the petitioner prays recovery of money, based on Ex.A1, construction agreement dated 15.11.2007. The suit for bare injunction was filed by the petitioner in the year 2013. Amendment petition seeking inclusion of prayer for recovery of money was filed only in the year 2023. The trial court came to the conclusion that the proposed amendment for inclusion of prayer for recovery of money is hopelessly barred by limitation. It is also seen from the impugned order that the Trial in the suit is over and these applications were filed, when the suit was posted for judgment. 4. After amendment to Order VI Rule 17 of CPC, the petitioner, while seeking amendment, shall prove before the court that inspite of exercise of due diligence, he could not have filed the application for amendment for inclusion of prayer, before commencement of Trial. The petitioner seeks recovery of 7 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 2024money, based on the construction agreement, dated 15.11.2007. The alleged cause of action for recovery of money was available to the petitioner, even when the suit was filed for bare in injunction in the year 2013. The petitioner has not given any convincing reason for his failure to seek amendment, before commencement of Trial. Therefore, the mandate under proviso to Order VI Rule 17 has not been complied. Hence, I do not find any error in the impugned order passed by the Trial Court to interfere the same.5. Accordingly, these civil revision petitions are dismissed, confirming the common order passed by the learned III Additional District Munsif, Salem in I.A.No.9 and 10 of 2023 in O.S.No.19 of 2013, dated 05.12.2023. There shall be no order as to costs. Connected miscellaneous petition is closed.05-11-2025Internet: yesIndex: Yes/NoNeutral citation: Yes/NoMSTToThe III Additional District Munsif, Salem.8 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 2024S.SOUNTHAR J.MSTCRP Nos.852 and 784 of 202405-11-20259 of 9