LAWS(MAD)-2010-12-48

BAIRAPPAN ALIAS MANI Vs. S MANGAMMAL

Decided On December 09, 2010
BAIRAPPAN @ MANI Appellant
V/S
S. MANGAMMAL Respondents

JUDGEMENT

(1.) THE Civil Revision Petition is directed as against the fair and decreetal order dated 6.8.2010 in I.A.No.730 of 2010 in O.S .No.24 of 2009 by which the Lower Court has ordered an application filed under Order 6 Rule 17 of C.P.C. for amendment of the date of Exhibit A-1 Suit Pronote as 30.12.2005 instead of 10.11.2006. THE supporting affidavit of the above petition was filed by the advocate on record.

(2.) THOUGH, the respondent has raised objection on two grounds viz., the advocate is not competent person to file an affidavit on behalf of the plaintiff and that the advocate has filed an amendment petition after the trial has commenced, the Lower Court, on verification of Exhibit A-1 Suit Pronote, has found that the Plaintiff had already given the correct date as 30.12.2005 in cause of action and that the suit pronote is also dated 30.12.2005 and therefore, by amendment of the date, month and year, no new facts are introduced in the case or the nature of the suit is altered. Hence, the Lower Court has allowed the amendment.

(3.) IN view of the above, I do not find any manifest illegality in the impugned order warranting interference. Hence, the civil revision petition is dismissed. No costs. The connected miscellaneous petition is closed. Petition dismissed.