SENGODAN Vs. SENGODAN

JUDGEMENT

(1.) The revision petitioner is the defendant, who has filed an application in I.A.No. 1353 of 2002 in O.S.No. 197 of 1993 on the file of the District Munsif Court, Tiruchengode, to amend the pleadings and the same came to be dismissed. Aggrieved by the same, the defendant preferred this Civil Revision Petition.

(2.) It is the case of the revision petitioner that in the suit filed by him, the suit Survey No. was given as 58/1 in respect of the punja land and Survey No. 53 is given in respect of the vacant land situated in Tiruchengode Municipal limits, Ward No. 5; that in the affidavit filed in support of the petition, the petitioner stated that he had already filed a suit in O.S.No. 411 of 1995 for the relief of permanent injunction and after filing of the suit, the Government Officials inspected the suit property and granted patta to the first petitioner and in the said patta, new T.S.No. 77 was assigned to the properties belong to the petitioner, which forms part of suit property and he had already filed an application in I.A.No. 1320 of 2002, in which he could not give the correct T.S.number and he had already filed a memo not pressing the said I.A.No. 1320 of 2002. Subsequent to the same, the petitioner filed the present I.A.No. 1353 of 2002 to amend the Survey No. in the plant, in view of the Government has given the said T.S.No. 77 in the patta issued to the petitioner.

(3.) The said petition was resisted by the respondent/defendant on the ground that the petitioners are not entitled to amend the plaint and if the amendment is allowed, it would alter the nature of the suit itself.