B JAWAHAR SAMUEL Vs. J ANNEY ALICE SHARENE

JUDGEMENT

(1.) THE respondent in I.D.O.P. No. 52/95 on the file of the District Court, Kanniyakumari, is the revision petitioner. THE said O.P. has been filed by the respondent herein seeking divorce of her marriage with the revision petitioner on the ground of adultery coupled with cruelty. THE original petition was filed on 6-4-1995. THE revision petitioner filed his counter on 18-2-19%. THEreafter, in 1997 the respondent filed an application in I.A. No. 246/97 seeking amendment of the petition. This application was opposed by the revision petitioner and the lower Court having allowed the application for amendment, the present revision petition has been filed.

(2.) THE amendments sought for relate to deletion of sentences 2 and 3 in paragraph 18 of the petition and addition of another sentence, deletion of paragraph 14 and addition of a different paragraph 14, deletion of paragraph 15 and addition of a new paragraph in the place of paragraph 15 and in the cause of action column, the date 1-8-1993 to be deleted and the date 18-5-1994 to be substituted.

(3.) IN the first of the decisions relied on by the learned counsel it has been held that, "amendment of pleadings introducing new case cannot be allowed if suit on such case is barred and that in the matter of allowing amendment of pleading the general rule is that a party is not allowed by amendment to set up a new case or a new cause of action particularly when a suit on the new cause of action is barred. However, where the amendment does not constitute the addition of a new cause of action or raise a different case, but amounts merely to a different or additional approach to the same facts the amendment is to be allowed even after the expiry of the statutory period of limitation."