P POONDIA GOUNDER Vs. RAMASAMY UDAYAR

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 11. 12. 2001 passed by the Principal District Munsif, Namakkal in I. A. No. 803 of 2000 in O. S. No. 49 of 1999, dismissing the Amendment Application filed under Order VI Rule 17 C. P. C. The Plaintiff is the Revision Petitioner.

(2.) O. S. NO. 49 of 1999:-

(3.) FURTHER case of the Plaintiff is that on 30. 01. 1998 on the North Eastern Side, the Defendants have obliterated the Pathway to a breadth of 1-2- to a length of about 300 feet. The Plaintiff has no other way excepting the path "abchfgilj- to take his Cart, Tractor, Trailer and other Vehicles. Hence, the Plaintiff has filed the Suit for Declaration and Permanent Injunction restraining the Defendants from preventing the Plaintiff from using the Suit Pathway. The Plaintiff has also filed the Suit for Mandatory Injunction, directing the Defendants to restore "axy- portion as the Pathway.