OP MANI Vs. AMS THAIKKA LEBBAI

JUDGEMENT

(1.) The revision petitioners are the respondents 3 and 4 and the proposed parties in IA.No.20480/2001 in OS.No.523/2000 before the VIII Assistant City Civil Court, which application was filed by the respondents 1 and 2 / plaintiffs for amendment of the plaint and also for substituting their names in the place of the original defendants and the said petition came to be allowed. Aggrieved by the same, the respondents 3 and 4/proposed defendants have preferred this civil revision petition.

(2.) Heard the learned Advocate for the revision petitioners and the respondents 1 and 2 and the respondents 3 and 4 were given up on the ground that no relief was sought against them.

(3.) The learned Advocate for the revision petitioners would contend that the respondents originally filed the suit against the defendants, viz. Rajalakshmi and Bhuvaneswari and also filed IA.Nos.2964/2000 and 2965/2000 for grant of interim injunction and also for amendment and both the petitions were allowed by the trial court. Out of the orders passed in two interlocutory applications, the order passed in IA.No.2965/2000 was challenged before this Court in CRP.No.2847/2001 and this court by order dated 9.11.2001, allowed the CRP . But, however, the right of the respondents/ plaintiffs was protected, by permitting them to file appropriate applications to obtain relief that they seek for. Subsequent to the order passed by this court, the plaintiffs have filed IA.No.20480/2001 and the said petition was filed under Order I Rule 10 read with XVI Rule 17 CPC, praying to order amendment of the plaint and also for substituting the proposed defendants' name in the place of the original defendants. The trial court, after taking into consideration all the aspects of the case, ordered substitution of the names of the proposed defendants 1 and 2 under Order I Rule 10 CPC and dismissed the prayer for amendment and an opportunity was given to the respondents/ plaintiffs to file a fresh petition under Order 6 Rule 17 CPC.