S PRINCE Vs. L SANTHI

JUDGEMENT

(1.) DEFENDANT in O.S.No. 177 of 2000 on the file of District Munsif, Uthagamandalam, aggrieved by the order dated 9-10-2001 made in I.A.No. 460 of 2001, has filed the above Revision.

(2.) THE suit was filed by the plaintiff/respondent herein for declaration, to declare that herself (plaintiff) and defendant are husband and wife and for permanent injunction to restrain the defendant from marrying one Ms.Rani and another woman. THE petitioner/defendant filed a written statement contesting the claim of the plaintiff. Pending the suit, the plaintiff/respondent herein filed I.A.No.460 of 2001 praying to amend the prayer in the suit by adding consequential prayer, namely, declaration declaring that Master Vignesh is the son of the defendant. THE said application was resisted by the defendant/petitioner herein by filing a counter statement. THE learned District Munsif by order dated 9-10-2001, allowed the said application for amendment, hence the present Revision. Though the respondent was duly served notice from this Court, she has not chosen to engage a counsel to contest the same.

(3.) UNDER these circumstances, the fair and final order dated 9-10-2001 passed in I.A.No. 460 of 2001 in O.S.No. 177 of 2000 is set aside and the Civil Revision Petition is allowed. No costs. Consequently, C.M.P.No. 21107/2001 is closed.