TIRUPATHI NADAR Vs. PAKIYALAKSHMI

JUDGEMENT

(1.) THIS revision has been preferred being aggrieved by the fair and decretal order dated 9.7.1996 made in I.A.No.828 of 1996 in O.S.No.384 of 1991 on the file of the Principal District Munsif Court at Ambasamudram. By the said order the Court below aismissed the application taken out by the petitioner herein for amendment of the written statement under O.6, Rule 17 of the Code of Civil Procedure.

(2.) THIS Court ordered notice of motion on 20.6.1997 and since then it is pending at the stage notice of motion. The respondents are yet to be served. The petitioners also had not chosen to serve the respondents 1 to 5. However, this Court with the consent of counsel for the petitioners took the revision itself for final disposal.

(3.) THIS amendment application filed by the defendants was resisted by the plaintiffs by filing detailed objections. The Court below by fair and decretal order dated 9th July, 1996 dismissed the application as such the application is not only belated, but it would change the nature of the suit, and the application has been taken out with an intention to drag the proceedings. It was also pointed out that by such amendment, the very plea put forward by the defendant is sought to be altered and that it would cause serious prejudice. In that view of the matter the Court below rejected the application. Being aggrieved, the present revision petition has been preferred.