S. SELVAM Vs. MADANLAN CHAWLA

JUDGEMENT

(1.) THE arguments advanced by Mr.P.Jagadeesan, learned counsel for the petitioners and by Mrs.Chitra Sampath, learned senior counsel appearing for Mr.Nalliappan, learned counsel for the first respondent and of Mr.A.Thiyagarajan, learned counsel for the second respondent are heard and the materials produced in the form of typed -set of papers are also perused

(2.) THE plaintiff in O.S.No. 1205 of 2007 on the file of the Principal District Munsif, Salem is the first respondent in the revision. The suit was filed praying for the following reliefs:

(3.) THE learned trial Judge, after hearing both sides, chose to allow the said petition for amendment, opining that though the amendment was sought for in the part heard stage, it was a necessary amendment, since the suit has been laid for permanent injunction alone and it became necessary for the plaintiff to amend the plaint so as to make it a suit for declaration and permanent injunction in the light of the denial made by the defendants. The learned trial Judge also observed that by allowing the said petition for amendment, no prejudice would be caused to the defendants. The said order is challenged in the present revision.