GOVINDASAMY Vs. VELCHAMI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the fair and decretal order dt.27.10.99 made in I.A. No.317 of 1999 in O.S. No.212 of 1998 by the Court of Principal District Munsif, Srivilliputhur and to set aside the same on grounds that the orders of the Lower Court are vitiated by material irregularities in the exercise of jurisdiction and if it is allowed to stand, would occasion failure of justice and would cause irreparable injury to the petitioner; that the Court below failed to appreciate the rival contentions of the parties and the questions emerging therein and the same has vitiated the entire order; that the Lower Court failed to note that the proposed amendment did not alter the nature of the suit nor had it introduced any new cause of action and the relief remained untouched. On such grounds, the petitioner would pray to the relief extracted supra.

(2.) Tracing the history of the case, it comes to be known that it is the plaintiff, who has filed the petition under Order 6 Rules 17 and 18 and under section 151 C.P.C., praying to amend the plaint as given in the schedule of amendment in a suit filed by the same petitioner for declaration to the effect that the suit properties for item Nos.1 and 2 of the schedule of properties are absolutely belonging to him and for permanent injunction from demolishing a wall and preventing the defendants from laying of waste water from plaintiff's house to second defendant's property and for mandatory injunction, directing the defendant to close the pit. The suit is ripe for trial.

(3.) Learned counsel appearing on behalf of the petitioner, besides bringing forth the facts as pleaded in the petition, would also cite a decision reported in VAIJANTHI, SO. v. RAGHURAMAN @ BHARATHI ((2001(3) C.T.C. 662), which is an order passed by this Court itself in another C.R.P. on 20.03.2001, wherein it is held as follows:-