SUNDARA THEVAR Vs. GURUSAMY THEVAR

JUDGEMENT

(1.) THE appellants in the First Appeal in A.S. No. 4/2004 are the Revision Petitioners herein. THE Revision Petition is filed against the order of the first Appellate Court passed in I.A. No. 18/2005 in A.S. No. 4/2004 on 30.9.2005. THE respondents 1 to 5 have filed a Suit for declaration and permanent injunction against the petitioners herein who are defendants 4, 5, 7, 8 and 9 and also other defendants restraining them from interfering with their rights and privileges in the suit temple and also to perform certain festival.

(2.) THE petitioners herein who were subsequently impleaded as defendants 4, 5, 7, 8 and 9 in the Suit have filed the Petitions to implead them under Order 1, Rule 10 of Civil Procedure Code and as per the order in I.A. No. 499 of 1999 in O.S. No. 191 of 1991 dated 6.7.2000 they were impleaded as representing the village and people living in Thoppur Village as their representatives. THE said Suit was decreed as against which the defendants 4, 5, 7, 8 and 9 have filed Appeal in A.S. No. 4/2004 before the Sub-Court, Aruppukrottai in their individual names. THEreafter, in February 2005, the petitioners filed I.A. No. 18/2005 in A.S. No. 4/2004 under Order 6, Rule 7 of C.P.C. to permit the petitioners to amend the Appeal short cause title by describing them as for themselves and as well as the representatives of Thoppur Village. It was that Application filed under Order 6, Rule 7 of C.P.C. which was dismissed against which the present Revision Petition is filed.

(3.) THE learned counsel also placed reliance on the judgment of the Hon"ble Apex Court rendered in Tamil Nadu Alloy Foundry Co. Ltd. v. Tamil Nadu Electricity Board and others, 2004 (3) LW 732 and submit that the Courts must take into consideration as to whether a fresh Suit on the amended claim would be barred by limitation before allowing an Application for amendment.