ABBU Vs. MUTHU VELAN

JUDGEMENT

(1.) DEFENDANTS 1 and 2, who unsuccessfully opposed an application for amendment of the plaint in the lower court, are the petitioners before me.

(2.) THE suit is for redemption of a mortgage and in the plaint, as originally filed, old survey numbers were given. In the application for amendment the corresponding R. S. numbers of the old survey numbers are sought to be included. A few additional old survey numbers and their corresponding R. S. numbers are also sought to be included by the amendment. THE lower court has allowed both the prayers and hence the revision.

(3.) IN the case before me the suit is for redemption of a mortgage and the properties to be redeemed are the properties covered by the mortgage document and the court has to decide what those properties are. The mere inclusion of an additional survey number in the plaint will not change the situation and will not also affect the question to be decided in the suit. By the addition of new survey numbers the extents are not sought to be varied, the names are not sought to be changed, nor are the boundaries. Therefore, by the inclusion of these survey numbers no injustice or prejudice will be caused to the defendants and it may even be necessary for determining the real question in controversy.