VAIJANTHI Vs. RAGHURAMAN ALIAS BHARATHI

JUDGEMENT

(1.) THE above Civil Revision Petition is directed against the fair and decretal order dated 11.7.2000 made in I.A.No.479 of 1999 in O.S.No.86 of 1996 by the Court of Subordinate Judge, Sivaganga.

(2.) TODAY, when the above Civil Revision Petition was taken up for consideration, having been posted many a time in the past, only the learned counsel for the petitioner is present and is ready to argue the matter and on the part of the respondent, absolutely no representation has been made either by the respondent himself in person or by his counsel and therefore this Court is left with no option but to decide the above Civil Revision Petition based on the arguments advanced on the part of the petitioner and the materials made available on record.

(3.) THE upper forums of law have time and again insisted that amendments should be freely allowed to be carried out unless it is causing any prejudice to the other side altering the structure of the very plaint or changing the cause of action. Moreover such amendments freely allowed would curtail multiplicity of proceedings and therefore the amendment sought for in the case in hand which is the subject matter of the civil revision petition being a formal amendment. THE lower court should have allowed the application permitting the petitioner to carry out the amendment as sought for in the petition. In result, the above Civil Revision Petition succeeds and the same is allowed setting aside the fair and decretal order dated 11.7.2000 made in I.A.No.479 of 1999 in O.S.No.86 of 1996 by the court of Subordinate Judge, Sivaganga. However, in the circumstances of the case there shall be no order as to costs. Consequently, C.M.P.No.13551 of 2000 is closed.