KANNAYIRAM Vs. THALAIVAR, THOPPAMPATTI OORATCHI MANDRAM

JUDGEMENT

(1.) THE Civil Revision Petition has been filed against the fair and decretal Order dated 21.4.2010 passed in I.A. No.320 of 2010 in O.S. No.47 of 2005 on the file of the District Munsif, Harur.

(2.) THE learned Counsel for the Revision Petitioner submitted that the Revision Petitioner filed the Suit in O.S. No.47 of 20015 on the file of the District Munsif, Harur seeking for relief of declaration, Permanent Injunction and Mandatory Injunction on the basis of the Sale Deed dated 11.7.1992. At the time of filing of the Suit, the date of the Sale Deed was wrongly mentioned as 11.7.1992 instead of 11.7.1997 in the Plaint. Since, there is a typographical error in the Plaint, the Revision Petitioner filed I.A. No.320 of 2010 seeking for amendment in the Plaint. The learned District Munsif, without considering the Sale Deed dated 11.7.1997, which was produced by the Petitioner/Plaintiff, has erroneously dismissed the Application holding that the amendment sought for by the Plaintiff cannot be accepted as it would affect the nature of the Suit. Aggrieved by the said Order, the present Civil Revision Petition has been filed.

(3.) THE learned Counsel, in support of his submissions, relied on the decision of the Hon 'ble Supreme Court in Mount Mary Enterprises v. Jivratna Medi Treat Pvt. Ltd., 2015 (4) SCC 182, wherein, it is observed as follows in Paragraphs 7 and 10: