SRIDHAR BABU Vs. MUTHULAKSHMI

JUDGEMENT

(1.) The revision petitioner is the second defendant in O.S.No.143/2005 on the file of the District Munsif Court, Nagapattinam.

(2.) The first respondent/plaintiff filed the suit for a Judgment and decree of mandatory injunction directing the removal of the construction put up by the defendants and for consequential permanent injunction. The defendants had filed written statement and the suit was dismissed and on appeal at the instance of the first respondent, the matter was remanded and is pending trail.

(3.) During the pendency of the suit on remand, the first respondent filed I.A.No.847/2005 under Order 6 Rule 17 CPC, for including the measurements of the construction, which was sought to be removed by a decree of mandatory injunction. According to the first respondent, she was not aware of the exact measurement of the construction put up and the measurements came to her knowledge only after the Advocate Commissioner, who was appointed in the matter, inspected the property and submitted his report. This application for amendment of the plaint was resisted by the petitioner herein by filing a counter stating that such amendment cannot be allowed based on the report submitted by the Advocate Commissioner and the admissibility of the report is yet to be decided, and at this stage amendment should not be permitted. The Trail Court by order dated 19.11.2005 in I.A.No.836/2005 allowed the petition and permitted to the amendment to be carried out. Aggrieved by such order, the petitioner is before this Court by way of present revision petition filed under Article 227 of the Constitution of India.