N KASTHURI Vs. N REKHAMARY; MANGAYARKKARASI; T N JAYAKUMAR; USHARANI; MARIYAPPAN; MEENAKSHI; GIRIDHARAN; SUB-REGISTRAR, UTHIRAMERUR

JUDGEMENT

(1.) The petitioner, who is the first defendant, has come forward with this revision petition challenging the impugned order dated 07.09.2012 passed in I.A.No.175 of 2012 in O.S.No.45 of 2007 filed under Order 6 Rule 17 of the Code of Civil Procedure on the file of the District Munsif cum Judicial Magistrate, Uthiramerur for allowing the amendment.

(2.) The respondent as a plaintiff filed a suit for permanent injunction restraining the defendants from interfering with the plaintiff's peaceful possession and enjoyment of the suit property. The defendants contested the suit by filing the written statement. The trial has been commenced after the evidence was over. When the matter was posted for arguments, the plaintiff/first respondent herein came forward with the application in I.A.No.175 of 2012 under Order VI Rule 17 of the Code of Civil Procedure for amendment of the plaint with the following prayer:

(3.) The trial Court after hearing both sides allowed the application in I.A.No.175 of 2012 stating that the question of limitation to be decided at the time of the trial. Against which, the present civil revision petition has been preferred by the first defendant.