CHINNU PADAYACHI Vs. DHANALAKSHMI

JUDGEMENT

(1.) The defendant in O. S. No. 257 of 2008 before the learned Subordinate Judge, Tiruchengode, aggrieved over the order of the said Court, made in I. A. No. 376 of 2010, is before this Court by filing the present Civil Revision Petition.

(2.) The respondents herein, being the plaintiffs in the said suit have filed the same for declaration of their title over the suit property and for Permanent Injunction restraining the petitioners herein from in anyway encroaching on the suit land. In the said suit, they have filed an application in I. A. No. 376 of 2010, for amendment of the plaint, incorporating the prayer for mandatory injunction, directing the petitioners herein from removing the construction put up in the common lane. The said application was allowed by the Court below and the present revision is directed against the said order.

(3.) The learned counsel appearing for the petitioners contended that the amendment which has been sought for by the respondents was barred by limitation on the date, when the application for amendment was filed. Hence, according to the learned counsel appearing for the petitioners, the amendment should not have been allowed by the Court below.