C DEVADHASAN (DIED) Vs. N YESUDHAS

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order passed by the learned Additional District Munsif Court, Padmanabhapuram dated 10.01.2009 in I.A. No. 270 of 2008 in O. S. No. 262 of 2004.

(2.) The first Petitioner herein (deceased) was the Defendant and the Respondent herein is the Plaintiff in the suit. The Respondent/ plaintiff filed a suit in O.S. No. 262 of 2004 on the file of the Additional District Munsif Court, Padmanabhapuram for the following reliefs:

(3.) Learned Counsel for the Petitioners vehemently contended that the impugned order passed by the Trial Court is wrong, illegal and without any basis and justification. Further he submitted that the proposed amendment will certainly change the nature of the suit and that the proposed pleading is inconsistent with the original pleading. He also submitted that the Trial Court ought to have dismissed the I.A. on the ground that the proposed amendment will change the character of the suit. Further he submitted that the amendment application has been filed after the commencement of trial, and relied on the following judgments in support of his proposition: