K MARIMUTHUSAMY ALIAS MARIMUTHU Vs. MAHALATCHUMI

JUDGEMENT

(1.) THIS revision petition was posted today for admission. I heard the counsel for the petitioner.

(2.) THE defendant is the petitioner. THE respondent/ Plaintiff has filed a suit O.S. No. 538 of 1994 before the Additional District Munsif Court, Namakkal for recovery of possession, arrears of rent and for damages at the rate of Rs.250/- per month from the date of filing the suit till realisation. THE respondent herein has filed an application IA No.169 of 2003 under Order VI Rule 17 CPC for amendment of the plaint seeking for declaratory relief and also to change the measurements of the suit property. THE court below allowed the petition for amendment, which is challenged in this revision.

(3.) THE relevant provision of law is Order VI Rule 17 of C.P.C., which runs as follows:-