EXECUTIVE OFFICER OTHAKKALMANDAPAM TOWN PANCHAYAT COIMBATORE Vs. ANGAMUTHU

JUDGEMENT

(1.) THIS civil revision petition has been filed by the petitioner who was the respondent in I.A.No,1208 of 2004 in O.S.No.711 of 2001 before the lower court against the order passed on 08.10.2004 in allowing the said application by the said court.

(2.) HEARD Mr. N. Manokaran, the learned counsel for the petitioner and Mr. S. Mukunth, learned counsel for the respondent.

(3.) LEARNED counsel for the respondent/plaintiff would submit in his argument that the lower court had considered the circumstances of the case and had allowed the amendment as sought for. He would further submit that the amendment application was filed only after the trial had commenced and it has also been properly explained to the lower court that the plaintiff was inspite of due diligence he could not have raised the said amendment before the commencement of trial, since he came to know about the actual survey number through the evidence of P.W.3 only and therefore, the amendment sought for regarding S.F.No.658 as 660/2 was accepted. He would further submit that the words "except under due process of law" sought to have been amended will not in anyway alter the meaning of the prayer. However, these words are not necessary for granting relief of permanent injunction. He would also submit the reasons adduced by the respondent/plaintiff was sufficient to attract the proviso under Order 6 Rule 17 CPC and therefore, the lower court had come to the conclusion of allowing the amendment.