VENKATESH Vs. PADMAVATHI

JUDGEMENT

(1.) By consent, the revision itself is taken up for hearing.

(2.) The revision is directed against the order dated 24.4.2002 made in I.A.No.17 of 2002 in A.S.No.30 of 2002 on the file of the learned Additional District Judge, Fast Track Court IV, Erode at Bhavani, refusing to permit the revision petitioner to amend the plaint at the appellate stage. The details of amendment reads as under. " (1) After paragraph 3 add a new paragraph 3(a) as follows, the plaintiff is not entitled for the relief of specific performance, the plaintiff is entitled for the refund of Rs.80,000/- paid to the defendants towards sale consideration with 12% interest from the date of suit. Hence the plaintiff seeking the alternative relief for such refund. (2) For Paragraph 5 of the plaint substitute the following: The plaintiff value the suit for the purpose of Court fee and jurisdiction at Rs.80,000/- and a Court fee of Rs.6,000.50 is paid thereon under Section 42 R/W.22 of the Tamilnadu Court fee and Valuation Act of 1955. <FRM>B.21.633.1205.htm</FRM>

(3.) At the end of Sub-Paragraph 6(a) add the following:- Or in the alternative the Hon'ble Court may be pleased to direct the defendants to pay plaintiff the sum of Rs.80,000/- with interest at the rate of 12% per annum, from the date of suit till payment." 3. The permission to amend the plaint sought for under Order 6, Rule 17, CPC, was rejected by order dated 24.4.2002 made in I.A.No.17 of 2002 referred to above on the only ground that the amendment sought for would change the very character of the suit.