B. DHEENADHAYABARAN Vs. RATHNA VEL

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 23 February, 2012, in I.A. No. 118 of 2011 in O.S. No. 28 of 2008, whereby and whereunder, the learned Principal District Judge, Ramanathapuram, dismissed the application filed by the petitioner for amendment of plaint and decree schedule.

(2.) The petitioner, long after the decree in O.S. No. 28 of 2008, filed an application in I.A. No. 118 of 2011, to amend the plaint, on the ground that instead of '22 Jadiyadi', it was wrongly recorded in the plaint as '2 Jadiyadi'. The learned Trial Judge dismissed the application on the ground that by permitting such amendment, the very nature of the suit would be changed. The order dated 23 February, 2012, is under challenge in this Civil Revision Petition.

(3.) The learned counsel for the petitioner contended that the Trial Court has got ample powers under Sections 152 and 153 of Code of Civil Procedure, to amend clerical mistakes, which includes mistake in the plaint. According to the learned counsel, the learned Trial Judge erred in dismissing the application on the ground of delay and the possible change in the nature of the suit.