R BALAJI Vs. V VIJAYAN

JUDGEMENT

(1.) THE plaintiff in O.S.No.32 of 2008 before the learned Principal District Munsif, Ambur, aggrieved over the order dated 10.8.2010 passed by the said Court in allowing the application in I.A.No.65 of 2010 preferred by the respondents to amend the written statement, has come up with the present civil revision petition.

(2.) THE respondents being defendants in the said suit, have filed an application in I.A.No.65 of 2010 for amendment of the written statement. THE amendment that has been sought for by the respondents is only in respect of the boundaries set out in the written statement. THE Court below found that the said amendment will not change the cause of action or the nature of the suit property and that it will not cause any prejudice to the petitioner and allowed the said application. Challenging the same, the petitioner has come up with the present civil revision petition.

(3.) LEARNED counsel appearing for the respondents relied on the decision reported in 2007 (3) CTC 400 Usha Balashaheb Swami v. Kiran Appasao Swami. In the said decision, the Hon'ble Apex Court has held that the Court should be normally liberal in granting permission for amendment of pleadings unless serious injustice or irreparable loss would be caused to the other side. That apart, the Hon'ble Apex Court has further held that amendment should not be ordered if it is going to materially alter or substitute the cause of action. In the case on hand, as stated already, the amendment that has been sought for does not change the cause of action.