SWAMINATHAN Vs. MANGAYARKARASI

JUDGEMENT

(1.) THE Civil Revision Petitioner/Petitioner/Defendant has filed this Civil Revision petition as against the order dated 11.06.2009 in I.A.No.8706 of 2008 in O.S.No.7745 of 1985 passed by the learned III Assistant Judge, City Civil Court, Chennai.

(2.) THE trial Court while passing orders in I.A.No.8706 of 2008 dated 11.06.2009 has observed that 'Enquiry heard' and consequently allowed the application filed by the respondents 1 to 7/plaintiffs praying to amend the application in I.A.No.12753 of 1988 in O.S.No.7745 of 1985 filed as per Order VI Rule 17 of the CODE OF CIVIL PROCEDURE, 1908.

(3.) IN the counter filed by the Revision Petitioner/Defendant a plea is raised that the respondents 1 to 7/plaintiffs (applicants in I.A.No.8706 of 2008) are not entitled to carry out the amendment in pursuance of the order dated 03.06.2008 passed in I.A.No.7909 of 2008, which was initially allowed on the basis of endorsement made by the counsel for the petitioner but subsequently an application in I.A.No.9420 of 2008 was filed by the Revision Petitioner and the order was set aside and only after a full pledged enquiry, I.A.No.7909 of 2008 was allowed on 16.09.2008 and therefore, the application in I.A.No.8706 of 2008 is to be dismissed.