THAVITTU PONNU Vs. DEVAKI AMMAL

JUDGEMENT

(1.) THE revision petitioner is the plaintiff in O.S.No.245 of 2005 on the file of the District Munsif, Mannarkudi. THE revision petitioner filed the suit for declaration and for recovery of possession in respect of two items of properties and after commencement of trial, the revision petitioner filed I.A.No.699 of 2008 under Order 6 Rule 17 to amend the extent of second item of property as 0.89 cents instead of 0.44 ? cents and also the boundaries of the suit properties. That application was rejected by the Trial Court and aggrieved by the same, this revision is filed.

(2.) MR.Bhiman, learned counsel for the revision petitioner submitted that the court below without properly appreciating the fact that pre-trial amendment are to be allowed liberally, erroneously dismissed the application holding that boundaries were not given in the plaint schedule and the amendment sought for would affect the character of the suit. He further submitted that the revision petitioner only prayed for substitution of boundaries and amendment of the extent of second item of suit property in the pleadings and schedule as 0.89 cents instead of 0.44 ? cents and by such substitution of boundaries and amendment of extent, no prejudice would be caused to the respondent.

(3.) IT has been held by the Hon'ble Supreme Court in the following judgements regarding the amendment of the pleadings.