Madras HC Upholds Refusal To Add 2023 Land-Sale Challenge, As Plaintiffs Had Not Challenged Earlier 1-Acre Deed

The plaintiffs filed O.S. No. 626 of 2022 seeking a permanent injunction concerning property measuring 2.12½ acres.

During the suit, they sought amendment under Order VI Rule 17 CPC to add a challenge to a sale deed dated 17 April 2023, executed by the second defendant in favour of the first defendant, and to seek a declaration that it was null and void

The trial court dismissed the amendment application, reasoning that the plaintiffs had not challenged an earlier sale deed dated 2 July 2016 relating to one acre.

The plaintiffs challenged that dismissal under Article 227 of the Constitution

The judgment also notes that a specific-performance suit, O.S. No. 361 of 2023, was pending

Order VI Rule 17 CPC governs applications to amend pleadings.

The Court considered the proposed amendment in the context of the existing pleadings and the property transactions identified in the record.

Under Article 227, the High Court’s supervisory jurisdiction permits interference where the impugned order warrants it; the Court stated that the trial court’s reasoning disclosed no perversity justifying such intervention

No precedent was cited.

The Court noted that the proposed amendment challenged the 2023 sale deed, while the trial court had found that the relevant one-acre property was covered by an earlier 2016 sale deed that the plaintiffs had not challenged

On that basis, the Court agreed with the trial court that the plaintiffs could not challenge the 2023 deed without questioning the earlier deed.

It found no perversity in the trial court’s reasoning and declined to interfere under Article 227

It also directed the Principal District Munsif, Salem, to dispose of the suit within six months.

The direction identifies the suit as O.S. No. 616 of 2022, although the judgment elsewhere identifies it as O.S. No. 626 of 2022