M.MOHAN Vs. G.JANARTHANAN

JUDGEMENT

(1.) Aggrieved by the dismissal of an amendment Application in the Civil Suit, the plaintiff is before this Court.

(2.) Heard Mrs.Y.Kavitha, learned counsel for Mr.G.Rajesh, learned counsel for the petitioner and Mr.R.Harikrishnan, learned counsel for the respondent.

(3.) The learned counsel for the petitioner would contend that the revision petitioner, as plaintiff, has filed the suit for permanent injunction to restrain the respondent from disturbing his peaceful possession and enjoyment. The learned counsel would state that after commencement of trial, when the plaintiff met his lawyer and they had an occasion to go through the stand of the respondent's written statement, it came to light the respondents have challenged the title of the revision petitioner and hence, necessity arose for inclusion of a prayer for declaration of title. She would further state that the Application was filed immediately after plaintiff was cross examined by the defendants and she would therefore state that no serious prejudice would be caused, if the amendment is ordered as prayed for.