LALITHA Vs. K SHANTHI

JUDGEMENT

(1.) The challenge in this Revision is to the order of the Court below dated 20-12-2000 made in I.A.No.117 of 2000 in O.S.No.505 of 1998f ordering the amendment as prayer for by the respondent.

(2.) Having heard the learned counsel for the respective parties, the brief facts required for the disposal of the Revision are as under.

(3.) The respondent filed a suit for permanent injunction to restrain the petitioners from interfering with the respondent's right of enjoyment of ABCD marked common pathway in the suit schedule plan by putting up any construction by way of encroachment. The basis of the said claim as mentioned in the plaint in para 4 was that the petitioners and the respondent were enjoying the said pathway continuously as a right of easement by necessity of prescription. The said suit was filed in the year 1998. While so, by the present application filed in 2000 i.e. after the filing of the written statement by the petitioners herein on 21-1-2000, the respondent sought for an amendment for addition of certain averments in paragraph 4 and for consequential amendments in the Court fee column and the prayer portion.