CHENGAMALAM Vs. AMBAPPUR PERUMAL THIYANUR, CHENGUZHI VILLAGE, KATTERIYAN

JUDGEMENT

(1.) - This Civil Revision Petition is filed against the order made in 1. A. No. 1248 of 2010 in O. S. No. 45 of 2005 rejecting the petitioner's application seeking for amendment of the plaint.

(2.) The petitioner herein as the plaintiff filed O. S. No. 45 of 2005 on the file of the District Munsif Court, Jayamkondam seeking for recovery of a sum of Rs.13,750.00 with interest towards the damages caused by the respondent/defendant in the suit property. When the suit was filed, the petitioner had shown four items of properties in the schedule as suit properties comprising in S. Nos. 93/4, 93/7B, 93/8B and 93/10A of Ambappur Village. Consequent to the filing of the written statement by the respondent/defendant, the petitioner came to know that the description of the property in the plaint schedule was not correct and therefore he filed the above application seeking for amendment under Order 6 Rules 16 and 17 of C. P. C. for amending the plaint schedule showing the suit property in S. No. 96/3A with an extent of 0.34.5 ares by giving specific boundaries to the said property.

(3.) The petitioner in support of such application filed an affidavit wherein he has stated that he had wrongly described the properties in the plaint schedule at the time of filing of the suit based on the information available in the patta without looking into the fact that some of the items of the properties mentioned in the patta were already sold by him. The petitioner further stated that he came to know about the correct survey number with specific extent and boundaries only after the respondent/defendant filed the written statement and on getting further information from the Village Administrative Officer. The said application was resisted by the respondent herein. The Court below rejected the said application on the ground that the nature of the suit would be changed if the amendment of the plaintiff is allowed.