RAMASAMY GOUNDER AND ORS. Vs. DINESWARAN

JUDGEMENT

(1.) THE order passed by the learned Principal District Judge, Tiruchengode, allowing the application filed by the plaintiff to amend the plaint is challenged in this Civil Revision Petition at the instance of the defendants, primarily on the ground that similar application filed earlier was dismissed as not pressed and as such, a fresh application is barred by the principles of res judicata.

(2.) THE guardian of the respondent filed a civil suit in O.S. No. 123 of 2008, before the Principal District Munsif, Tiruchengode, praying for a decree of permanent injunction restraining the petitioners herein from interfering with the peaceful possession and enjoyment of the property. The suit was contested by the petitioners by filing written statement. The application filed by the respondent through guardian to amend the plaint was dismissed as withdrawn. Thereafter, on attaining majority, the respondent filed a fresh application in I.A. No. 1111/2013, praying for an order to amend the plaint for the grant of a decree of declaration. The application was contested by the petitioners.

(3.) THE learned counsel for the petitioners submitted that since the earlier application was dismissed as withdrawn, no fresh application would be maintainable on the very same ground. According to the learned counsel, similar relief was prayed by the respondent in his earlier application in I.A. No. 967 of 2013. While considering the subsequent application, the learned Trial Judge overlooked the fact that similar application is not maintainable at a later point of time. No other contentions were raised by the learned counsel to invalidate the order under challenge.