S.ALAVANTHA NAIDU Vs. S.RAMIYA NAIDU

JUDGEMENT

(1.) THE Petitioner/Plaintiff has filed the present Civil Revision Petition as against the order dated 30.11.2009 in I.A.No.94 of 2009 in O.S.No.33 of 2008 passed by the Learned First Additional Subordinate Judge, Cuddalore.

(2.) THE Learned First Additional Subordinate Judge, while passing orders in I.A.No.94 of 2009 in O.S.No.33 of 2008 on 30.11.2009, has, among other things, mentioned that '.. The present petition sought for by the petitioners is to amend the plaint with regard to the subsequent event i.e., about the election held on 26.04.2009. The real question to be decided in the suit is whether the election held on 26.04.2009 is valid or not. The subsequent event of the election held on 26.04.2009 is not a real controversy to the suit etc.' Further, it is observed that 'The office bearers were elected in the election held on 30.04.2006. As far as this case is concerned the issues framed in the suit are to be decided. The amendment sought for by the plaintiff will introduce a new case'. Consequently, the application has been dismissed without costs.

(3.) IT is the submission of the Learned Counsel for the Petitioner that the Petitioner/Plaintiff wanted to incorporate subsequent events which has taken place after filing of the suit and also that the trial Court has misread the ingredients of Order 6 Rule 17 of the Civil Procedure Code.