P JOSEPH Vs. M T SANTIAGU

JUDGEMENT

(1.) PLAINTIFF in O.S. No. 752 of 1997 on the file of the 1st Additional District Munsif Court, Dindigul is the Revision Petitioner. The petitioner filed a petition in I.A. No. 141 of 1999 to amend the plaint. His application was dismissed.

(2.) PLAINTIFF filed a suit for recovery of money by sale of the mortgaged property. The mortgage that is sought to be enforced was unregistered and consequently plaintiff could not get a decree, as if there is a valid mortgage. PLAINTIFF therefore wanted to amend the plaint seeking personal decree against the defendant and making use of the unregistered mortgage deed as an agreement of loan.