THIMMAI VENKATACHALAM Vs. R D SIGAMANI

JUDGEMENT

(1.) This civil revision petition has been preferred against the order dated 09.11.2004 passed in I.A.No.9 of 2004 in Appeal Suit No.3 of 2003 by the Principal Sub court, Thanjavur.

(2.) The revision petitioner herein as plaintiff has instituted Original Suit No.59 of 1998 on the file of the District Munsif Court, Thiruvaiyaru for the relief of perpetual injunction, wherein the present respondent has been shown as sole defendant. The trial Court has dismissed the suit. Against the Judgment and decree passed by the trial court, Appeal Suit No.3 of 2003 has been preferred on the file of the Court below. During pendency of the same, the petition in question has been filed in I.A.No.9 of 2004 under Order 6 Rule 17 of the Code of Civil Procedure, 1908 praying to permit the revision petitioner /petitioner/plaintiff to make amendment in the plaint as set out in the petition. The Court below after considering all the divergent contentions raised on either side has dismissed the petition. Against the dismissal order the present civil revision petition has been filed at the instance of the petitioner/plaintiff as revision petitioner.

(3.) Before considering the rival submissions made on either side, it would be apropos to look into the averments made in the plaint filed in Original suit No.59 of 1998. In paragraph - 1 of the plaint it is stated like thus: