KRISHNAPPA Vs. DISTRICT COLLECTOR KRISHNAGIRI

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed against the order, dated 3.9.2009, made in I.A.No.698 of 2009, in O.S.No.390 of 2004, on the file of the District Munsif Court, Hosur.

(2.) THE plaintiffs in the suit, in O.S.No.390 of 2004, had filed an interlocutory application, in I.A.No.698 of 2009, for amending the plaint, as the original survey number of the suit property, which was 901/2 had been sub-divided and it had been given a new survey number, as 901/3. THE plaintiffs had come to know about the change in the survey number when the advocate commissioner, who had been appointed by the trial court, had filed a report in respect of the property in dispute. THErefore, the petitioners herein had filed an interlocutory application, in I.A.No.698 of 2009, for the amendment of the plaint.

(3.) IT had been further stated that the advocate commissioner, appointed by the trial Court, had visited the suit property, on 1.8.2009, and he had filed a report before the trial Court, along with the plan. The petitioners are not entitled to prove their case based on the commissioner's report. Their claims have to be proved, independently, by way of oral, as well as documentary evidence. Since, the amendment, sought for by the petitioners, would change the nature of the suit, the amendment, as prayed for by the petitioners, cannot be permitted. Further, the relief prayed for by the petitioners is barred by limitation.