CRP Nos.852 and 784 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-11-2025 CORAM THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 852 and 784 of 2024 and CMP No.4200 of 2024 1. Sri Kripa Constructions Rep by its Partner A.Sampath Kumar Door No.275/125, Guha Ashram Fairlands, Salem 636 061 Petitioner(s) in both CRPS Vs 1. M/s Shreevelu Builder (p) Limited Rep by its Director Mr.C.Kathirvel 2.C.Kathirvel S/o M.P.Chokkalingam, 3.N.V.K.Velan Respondents 1 to 3 having office at Door No.28, 9th Avenue Ashok Nagar, Chennai 600 083 4.S.Padmasini W/o N.Santhana Krishnan, Flat No.1, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 1 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 2024 5.S.Anuradha D/o N.Santhana Krishnan, Flat No.2, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 6.R.Vijaya Kumar S/o T.Ramalingam, Flat No.3, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 7.V.C.S.Sivaraman S/o Subbrayalu Reddiar, Flat No.4, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 8.M.Renganathan S/o R.Muthukrishnan, Flat No.5, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 9.K.Palaniandi S/o A.Karuppannan, Flat No.6, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 10.K.Naresh Kinger S/o Kishindas Dwarkadas, Flat No.7, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 11.Harish Guptha W/o Not Known, Flat No.8, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 2 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 2024 12.S.Santha Kumar S/o V.Sugaganam 12/P, NGO Nagar Colony Annex Chinnathirupathy, Salem 636 008 13.Santhi Thanigachalam W/o Thanigachalam, Flat No.10, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 14.S.Varadappan S/o Not Known, Flat No.11 Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 15.B.C.Reddy S/o B.Radhakrishnan, Flat No.12, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 16.B.V.S.Mani S/o B.Balakrishnan, Flat No.13, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 17.B.R.Srikanth S/o B.V.Rengachari, Flat No.14, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 18.JAYAACHANDRAN S/o Not known, Flat No.17, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 3 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 2024 19.K.Buvanendran S/o Kandasamy Mudaliar, Flat No.18, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 20.James P.Chacko S/o P.T.Chcko, Flat No.19, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 21.N.K.Mukundan S/o N.R.Kuppusamy, Flat No.02, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 22.Nirmala Krishnachetty W/o Krishnachetty, Flat No.21, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 23.B.Annapoorani W/o P.M.Balasubramanian, Flat No.22, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 24.M.N.Rajagopal S/o not known Flat No.24, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 25.K.M.Kavitha W/o N.S.Mohan Kumar Flat No.25, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 4 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 2024 26.A.Viswanathan S/o A.Ampoiram, Flat No.26, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 27.D.Aarthi Padma W/o G.N.Karthick, Flat No.27, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 28.C.Chaya Pillai S/o Not known, Flat No.28, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 29.V.M.Sapapaathee S/o Not known, Flat No.29, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 30.SHANMUGARAJA S/o A.Manoharan Flat No.31, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 31.M.S. Nagarajan S/o M.N.Srinivasan Flat No.32, Saraswathy Apartment, Ramakrishnan Road, Salem 636 007 Respondent(s) in both CRPS. 5 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 2024 PRAYER 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 CRPS For Respondent(s): in CRP No.852 of 2024 Mr.V.Sekar for R4, R5 & R11 No representation for R1 to 3 in CRP No.784 of 2024 R1 to R3 vacated Mr.V.Sekar for R4, R5 and R11 No representation for R19 COMMON ORDER These 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 2024 2. 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 2024 money, 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. 05-11-2025 Internet: yes Index: Yes/No Neutral citation: Yes/No MST To The III Additional District Munsif, Salem. 8 of 9 https://www.mhc.tn.gov.in/judis CRP Nos.852 and 784 of 2024 S.SOUNTHAR J. MST CRP Nos.852 and 784 of 2024 05-11-2025 9 of 9 https://www.mhc.tn.gov.in/judis