KANDASAMY Vs. BALAMMAL

JUDGEMENT

(1.) THE three Revisions have been filed against the orders in I.A.Nos. 54 of 1994, 56 of 1994 and 55 of 1994 in O.S.No.1631 of 1978 respectively. THE respondents herein have filed before the lower court I.A.No.54 of 1994 for amendment of the plaint, I.A.No.55 of 1994 for amendment of the preliminary decree and I.A.No.56 of 1994 for amendment of the petition I.A.No.855 of 1992 filed for passing of the final decree. THE amendment sought for is only the correction of survey number in the description of the property. THE lower Court has taken into consideration the relevant circumstances and allowed the application on the ground that the mistake is only a typographical error and the amendments sought for, do not change the cause of action or needs any fresh evidence.

(2.) LEARNED counsel for the petitioner contended that against the preliminary decree an appeal was filed in A.S.No.98 of 1986 on the file of the Sub-Court, Karur and the lower appellate court has allowed the appeal partly and modified the decree of the trial court in respect of the shares of the parties. The trial court decree is merged with the lower appellate court decree and hence if any amendment is sought for, it has to be done by the appellate court and the trial court has no jurisdiction to allow the application for amendment. LEARNED counsel for the petitioner also cited the following Judgments:. 2. Kannan v. Narayan (A.I.R. 1980 Kerala 76 ) 3. M/s.Goser Brothers (P) Ltd., v. Ratanlal (A.I.R. 1974 S.C. 1380 at 1384) 4. Sunil v. Shivprasad (A.I.R. 1985 Bombay 369) 5. Nishabar Singh v. Local Gurudwara Committee Manji Sahib (A.I.R. 1986 P & H 402) 6. Ramsunder Singh v. Panakuer (A.I.R. 1979 Patna 5)