LAWS(MAD)-2013-11-51

ILAYAPERUMAL Vs. MADRAS CEMENTS

Decided On November 08, 2013
Ilayaperumal Appellant
V/S
Madras Cements Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition is filed against an order allowing the amendment of written statement filed by the respondent herein, who is the second defendant in O.S.No.219 of 2006 on the file of the District Munsif Court, Ariyalur.

(2.) THE petitioner herein as the plaintiff filed the above said suit for declaration and for permanent injunction in respect of a property at Survey No. 302/7 measuring an extent of 0.91 cents out of 3.63 acres.

(3.) THE said amendment was opposed by the petitioner herein as the plaintiff by contending that the second defendant by way of amendment is taking totally a contradictory stand and the admission already made by him is sought to be denied. The Court below rejected the contention of the petitioner and allowed the amendment application by holding that the amendment is necessary and justifiable since what is sought to be introduced by way of amendment is only a fact which has been left out to be stated in the original written statement.