P.N.RAMASAMY vs S.KAVIN

Court
Madras High Court

CRP No. 1526 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-10-2026
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
CRP No. 1526 of 2024
CNR:{HCMA010640642024}
and
CMP No. 8225 of 2024
P.N.Ramasamy
S/o. Nallaiya Gounder
D.No.6/4, Usha Kadu
Paraiyakattampalayam
Agaram Village, Tiruchengode Taluk
Namakkal District
Petitioner
Vs
1. S.Kavin
S/o.Sengottuvel
Vattapulikadu, Marappampalayam
Iluppili Village, Tiruchengode Taluk
Namakkal District
2. S.Ranjith
S/o.Sengottuvel
Vattapulikadu, Marappampalayam
Iluppili Village, Tiruchengode Taluk
Namakkal District
3. K.Sengottuvel
S/o.Kandasamy
Marappampalayam, Iluppili Village
Tiruchengode Taluk
Namakkal District
4. Thangammal
W/o.K.Sengottuvel
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CRP No. 1526 of 2024
Marappampalayam, Iluppili Village
Tiruchengode Taluk
Namakkal District
5. M.Mahesh
S/o.Muthusamy
D.No.2/3, Kozhikalnatham
O.Rajapalayam Post
Tiruchengode Taluk
Namakkal District
6. P.K.Palanisamy
S/o.Kulandaivelu
D.No.4/43, Pallipatti
Kumaramangalam Post
Tiruchengode Taluk
Namakkal District
Respondents
Civil Revision Petition filed under Article 227 of the Constitution of
India, praying to set aside the fair and decretal order dated 13.02.2024 made in
I.A.No.9 of 2023 in O.S.No.56 of 2016 on the file of the learned Additional
District Munsif Court, Tiruchengode.
For Petitioner: Mr.R.T.Vishnu
For Respondents: Mr.R.Marudhachalamurthy for R1 & R2
R3 to R6- Sd - No appearance
ORDER
This civil revision petition has been filed under Article 227 of the
Constitution of India against the fair and decretal order dated 13.02.2024 passed
in I.A.No.9 of 2023 in O.S.No.56 of 2016 on the file of the learned Additional
District Munsif Court, Tiruchengode, wherein the application filed by the
respondents 1 & 2/plaintiffs under Order VI, Rule 17 of the Civil Procedure
Code came to be allowed by the Court below.
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CRP No. 1526 of 2024
2. Heard the learned counsel appearing on behalf of the petitioner and the
learned counsel appearing on behalf of the respondents 1 & 2 and have carefully
perused the materials available on record.
3. The respondents 1 & 2 are the plaintiffs, who filed the suit in
O.S.No.56 of 2016 seeking for the relief of declaration to declare that the sale
deed dated 11.08.2010 is null and void and not binding on the plaintiffs and for
other consequential reliefs.
4. The defendants filed a written statement and took a very specific stand
that the relief sought for by the plaintiffs is not sustainable and that the plaintiffs
ought to have sought for the relief of cancellation of the document, since they
were parties to the sale deed dated 11.08.2010.
5. The plaintiffs filed I.A.No.7 of 2022 seeking for certain amendments to
the plaint and it was allowed by the Court below by an order dated 13.12.2022,
th th
whereby they impleaded the 4 and 5 defendants in the suit.
6. The second amendment application came to be filed in I.A.No.9 of
2023 and the following amendments were sought for by the plaintiffs:-
“1) jhthtpd; gpuhJ gj;jp 6?d; ,Wjpapy;
"declaration to declare the”
cs;s vd;w thu;j;ijia
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CRP No. 1526 of 2024
"Cancellation of"
ePf;fptpl;L. me;j ,lj;jpy; gpuhJ
vd;w thu;j;ijia nru;f;f ntz;Lk;/
2)
jhthtpd ; 8?tJ gj;jpapy ; ePjpkd;w kjpg;gPl;il
fPH;fz;lthW jpUj;jk; bra;a ntz;Lk;/
8. Total value of the suit for the purpose of Court fees and
Jurisdiction is Rs.99,000-00 vd;W cs;sjpy; Rs.99,000-00
Rs. 14,51,000-00
vd;gij ePf;fptpl;L me;j ,lj;jpy;
vd;W nru;f;ft[k;/
Total value of the suit property is Rs.1,47,000,00
vd;W
Rs.14,50,000-00
cs;sij ePf;fptpl;L me;j ,lj;jpy;
vd;W nru;f;ft[k;/
Value of the plaintiffs 2/3rd share in the suit property is
Rs.98,000-00 Rs. 98,000-00
vd;W cs;sjpy; ePf;fptpl;L
Rs.9,66,667
me;j ,lj;jpy; vd;W nru;f;ft[k;/
Court fees paid U/Sec. 37(2) of T.N.C.F (Amendment) Act,
2002 is Rs.100-00
The value of the relief of Declaration is Rs.1,000-00
vd;W
cs;sij ePf;fptpl;L me;j ,lj;jpy;
The value of the relief of cancellation of sale deed dated
11.08.2010 is Rs.14,50,000 vd;W nru;f;ft[k;/
Court fees paid U/Sec.25 (d) of T.N.C.F (Amendment) Act is
Rs.75-50
vd;W cs;sij ePf;fptpl;L me;j ,lj;jpy;
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CRP No. 1526 of 2024
Court fees paid U/Sec.40 of T.N.C.F (Amendment) Act is
Rs.43,500
vd;W nru;f;ft[k;/
Total value of the suit is Rs. 99,000-00
vd;W cs;sij
Rs.14,51,000-00
ePf;fptpl;L me;j ,lj;jpy ; vd;W
nru;f;ft[k;/
Total Court fees paid is 175-50
vd;W cs;sij
Rs.43,675-50
ePf;fptpl;L me;j ,lj;jpy ; vd;W
nru;f;ft[k;/
3) "d. Declare that the
jhthtpd; 9?tJ gj;jpapy; cs;s
sale deed dated 11.08.2010 registered in the office of Sub-
Registrar, Tiruchengode as Document No.7600/2010 as null

and void and not binding the plaintiffs and" vd;gij
“d.Cancellation
ePf;fptpl;L gpd;tUtdj;ij nru;f;ft[k;
of sale deed dated 11.08.2010 registered in the office of Sub-
Registrar, Tiruchengode as Document No.7600/2010 and”
7. The above application was opposed by the defendants on the ground
that the relief sought for cancellation of the sale deed dated 11.08.2010 is barred
by limitation and hence the Court below cannot allow the said amendment
sought for by the plaintiffs.
8. The Court below vide impugned order dated 13.02.2024 allowed the
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CRP No. 1526 of 2024
amendment and aggrieved by the same, the present civil revision petition has
been filed before this Court.
9. In the case at hand, the plaintiffs have filed the suit in the year 2016 by
questioning the sale deed dated 11.08.2010 only on the ground that they were
minors at the time of execution of the sale deed and after they attained majority
and came to know of the same, the suit was filed in the year 2016. Immediately
after the defendants entered appearance, written statement was filed in the year
2016 by taking a very specific stand that the relief of declaration sought for by
the plaintiffs is not sustainable, since they were parties to the document and that
they ought to have sought for the relief of cancellation of the document and
valued the same under Section 40 of the Tamil Nadu Court Fees and Suits
Valuation Act. For some reason, the plaintiffs did not take steps to amend the
plaint.
10. The contention on the side of the petitioner is that the original relief
was valued under Section 25(d) of the Tamil Nadu Court Fees and Suits
Valuation Act and whereas the present relief sought for cancellation of the
document has to be valued under Section 40 of the Tamil Nadu Court Fees and
Suits Valuation Act and this amendment has been sought for after nearly eight
years after the filing of the present suit and therefore, even if knowledge is
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CRP No. 1526 of 2024
taken into consideration, it is barred, since the stand was taken by the
defendants in the year 2016 and whereas the present application came to be
filed in the year 2023.
11. In the considered view of this Court, when an amendment is sought
for by the plaintiffs, the Court has to see if the relief sought for through the
amendment is within the period of limitation. If the amendment sought for goes
beyond limitation, such an amendment can never be allowed. Useful reference
can be made to the judgment of the Apex Court in the case of Asian Hotels
(North) Limited v. Alok Kumar Lodha and others, (2022) 8 SCC 145 .
12. The Court below has merely allowed the application on the ground
that no prejudice will be caused to the defendants, without going into the issue
as to whether the very relief sought for cancellation of the document is within
the period of limitation. In view of the same, the order passed by the Court
below suffers from perversity warranting interference of this Court and
accordingly, the same is hereby set aside.
13. In the result, this civil revision petition is allowed. There shall be a
direction to the learned Additional District Munsif, Tiruchengode to dispose of
the suit in O.S.No.56 of 2016 within a period of three months from the date of
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CRP No. 1526 of 2024
receipt of a copy of this order. Consequently, the connected civil miscellaneous
petition is closed. No costs.
28-10-2026
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
ss
To
1. The Additional District Munsif
Tiruchengode
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CRP No. 1526 of 2024
N.ANAND
VENKATESH J.
ss
CRP No. 1526 of 2024
28-10-2026
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