M S KARUPPUSAMI Vs. SARAVANA DEVEI VASANTHAMANI

JUDGEMENT

(1.) Seeking to set aside the order refusing to amend the plaint by dismissing the petition for amendment, the petitioner/plaintiff has approached this Court in this Civil Revision Petition.

(2.) According to the petitioner/plaintiff, he filed a suit for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit properties. Since the defendants land 2 failed to vacate the house, which is one of the suit properties in spite of his request, he filed an application in I.A.No.574 of 1995 to amend the plaint so as to get the relief of mandatory injunction and possession of the said house with damages.

(3.) According to the respondents/defendants, the said application was not maintainable, since the amendment sought for requesting for mandatory injunction would create a new cause of action, which is quite contradictory to the cause of action mentioned in the original plaint.