S. S. MANIHANDAN Vs. ANANTHARAMAN

JUDGEMENT

(1.) CHALLENGING the fair and final orders passed in I.A.Nos. 20 of 2012 and 585A of 2012 in O.S.No. 516 of 2010 on the file of the I Additional District Munsif Court, Tirunelveli, the plaintiff has filed the above Civil Revision Petitions.

(2.) HEARD the learned Counsel for the petitioner.

(3.) THE trial Court took into consideration that after the completion of the trial, the suit was reserved for judgment on 28.09.2011 and the proposed amendment was on the basis of the rectification deed executed by the plaintiff's uncle on 15.11.2011 and thereafter came to the conclusion that the proposed amendment would alter the original cause of action. It is also pertinent to note that the proposed amendment sought for by the plaintiff is based on the rectification deed dated 15.11.2011, which is subsequent to the filing of the suit and also subsequent to the date of the trial Court posting the matter for judgment i.e., on 28.09.2011. Since the proposed amendment sought for by the plaintiff would alter the original cause of action, the trial Court has rightly dismissed the application. I do not find any error or irregularity in the order passed by the trial Court and the Civil Revision Petition is liable to be dismissed.