C.R. UMAPATHY Vs. D. SATHYANARAYANA CHETTIAR

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order dated 10.9.2013 made in I.A.No.946 of 2013 in O.S.No.19 of 2010 on the file of the District Munsif Court, Ponneri, in dismissing the application filed by the petitioners under Order 6 Rule 17 CPC seeking permission to amend the plaint.

(2.) The revision petitioners herein are the plaintiffs and the respondents herein are the defendants in the said suit. The said suit was filed for declaration to declare that the plaintiffs are the true and absolute owners of 50% undivided share of the property described in the plaint schedule and for permanent injunction restraining the defendants 1 to 4 from interfering with the suit property.

(3.) After the filing of the abovesaid suit in the year 2010, the petitioners/plaintiffs filed I.A.No.946 of 2013 seeking for amendment of the plaint to add the relief of possession as well, along with the existing relief as stated supra. In the said application, they have contended that by over-sight, the relief of possession was omitted to be asked for and unless such relief is also included in the main prayer, they cannot enjoy the fruits of the decree in the event of their success. It is also contended by them that the relief of possession sought for by way of amendment, is not barred by limitation.