N GURUSAMY NADAR Vs. NAGALINGA NADAR

JUDGEMENT

(1.) THE revision petitioner/1st defendant has filed the above revision to set aside the order passed in I.A.No.47 of 2011 in O.S.No.377 of 2004 on the file of Principal District Munsif, Thanjavur, dated 02.02.2011 and allow the above civil revision petition.

(2.) THE short facts of the case are as follows: -

(3.) THE learned counsel for the revision petitioner argued that the learned Judge erred in allowing the amendment petition as the character of the suit had been changed. This would affect the nature of the suit. Further, the amendment petition had been filed after seven years, and hence, it is barred by limitation and also for cause of action. The amendment is prohibited under the Benami Act and the very character of the suit is changed by the proposed amendment. The learned Judge, without deciding the merits, passed a non -speaking order, which is irregular and incorrect.