MADHAVAN Vs. NARAYANA DAS

JUDGEMENT

(1.) As common questions of crucial importance arise for determination in these Civil Revision Petitions, I am proceeding to dispose of these Revision Petitions by this common order.

(2.) C.R.P. 1383 of 2000 is preferred by the petitioner plaintiff against the order dt. 17.6.2000 passed by the learned Munsiff of Chittur in I.A.1243 of 2000 in O.S. 115 of 2000. By the impugned order the petition filed by the petitioner plaintiff under O. VI R.17 of the Code of Civil Procedure for amendment of the plaint to incorporate a claim for interest from an anterior date to the date of the suit (which was not claimed originally in the suit) was dismissed by the learned Munsiff on the grounds that O. II R.2(2) will be offended and that the Court would not have pecuniary jurisdiction if the amendment were allowed.

(3.) C.R.P. 296 of 2001 is preferred by the petitioners - defendants aggrieved by the order dt. 19.12.2000 in I.A. 1118 of 2000 in O.S. 95 of 1998 pending before the Munsiffs Court, Kasaragod. By the impugned order the application of the revision petitioners under O. XXVI R.10 and S.151 of the Code of Civil Procedure to refer back the report and plan dt. 27.6.2000 submitted by the Commissioner deputed by the Court was dismissed on the ground that the Commissioner has already answered all the points raised by the defendants in the work memo. These Civil Revision Petitions filed under S.115 of the Code of Civil Procedure have been admitted long prior to 1.7.2002, the date on which the 1999 and 2002 amendments to the Code of Civil Procedure were brought into force.