RAMACHANDRAN Vs. VEERAMUTHU

JUDGEMENT

(1.) CIVIL Revision Petition is filed against the fair and decreetal order dated 22.04.2013 made in I.A. No. 157 of 2013 in O.S. No. 78 of 2011 on the file of the Additional Sub -Court, Virudhachalam.

(2.) THE respondent herein as a plaintiff filed a suit for declaration of title and injunction. The defendant filed a written statement and contested the same. During pendency of the suit, the plaintiff has filed an amendment petition in I.A. No. 157 of 2013 under Order VI Rule 17 of C.P.C. stating that the defendant has encroached upon second item of the suit property and made construction, hence, he wants to amend the prayer for mandatory injunction. The trial Court, after hearing both sides, allowed the application, against which, the present revision petition is preferred by the revision petitioner/defendant.

(3.) LEARNED counsel for the respondent/plaintiff submitted that the trial is yet to be commenced. As per Order VI Rule 17 of C.P.C., the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be necessary for the purpose of determining the real question in controversy between the parties. So the trial Court allowed the application and the order passed by the trial Court does not warrant any interference. Hence, he prayed for dismissal of the revision petition.