A M THAVAMANI Vs. MALAR RANI

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order dated 25.10.2000 made in I.A.No.450 of 2000 in O.S.No.40 of 1998 by the Court of District Munsif, Madurai, thereby dismissing the application filed by the petitioners who are the plaintiffs in the said suit, under Order VI Rule 17 C.P.C. praying to amend the plaint as per the proposed amendment.

(2.) Today, when the above Civil Revision Petition was taken up for consideration in the presence of the learned counsel for the petitioners with no representation made on the part of the respondents whose names have been brought forth in the list, having regard to the materials placed on record and upon hearing the learned counsel for the petitioner, what comes to be seen is that it is a suit originally filed by the petitioners praying for a declaration of their title to the suit property and for permanent injunction restraining the defendants from in any manner interfering with the peaceful possession and enjoyment of the suit property and for costs.

(3.) But, while the suit was under process, at the time when the suit was posted for trial, the petitioners/plaintiffs have filed the application in I.A.No.450 of 2000 praying for an amendment of the plaint to the effect of praying for declaration and possession instead of declaration and injunction as it had been originally prayed for and the lower Court not only giving fair opportunity for both parties to meet with the points but also in full consideration of the materials made available and having its own discussions, has ultimately arrived at the conclusion to dismiss the petition for amendment and has dismissed the same accordingly, as a result of which the petitioners are before this Court seeking the relief on certain grounds as brought forth in the grounds of Civil Revision Petition.