C R JANARDHAN Vs. N S VINUTHA

JUDGEMENT

(1.) THIS Civil Revision Petition directed against the order dated 3-8-2000 passed on I. A. No. V in Original Suit No. 2377/93, is at the instance of the defendant in the suit, who is aggrieved by the order under which the application of the plaintiffs for amendment of the plaint has been allowed.

(2.) THE suit was one for permanent injunction and it had progressed to the stage of leading evidence of the parties. At that stage, the plaintiffs came with an application to amend the plaint. The relief sought for by way of amendment was to add in prayer column in para 14 after the words judgment and decree,

(3.) THE said application was opposed by filing objections on behalf of the defendant. The principal contention urged on behalf of the defendant was that the said amendment virtually introduces a new case. The plaintiffs were giving a go-by to their original case and the relief sought for by way of amendment at a later stage nevertheless dates back to the date of filing of the suit and a relief of this nature is barred by limitation and as such, the application cannot be allowed. The defendant also contended that for the purpose of resolving the dispute which had arisen in the suit based on the pleadings of the parties, it was not necessary to allow such an amendment having the effect of introducing a new case and also on the ground of limitation the application has to be rejected.