LAKSHMANAN Vs. MANI

JUDGEMENT

(1.) The Petitioner/Defendant has preferred the instant Civil Revision Petition before this Court as against the order dated 03.07.2012 in I.A.No.361 of 2012 in O.S.No.288 of 2009 passed by the Learned Principal District Munsif, Kallakurichi.

(2.) The Learned Principal District Munsif, Kallakurichi, while passing the impugned order on 03.07.2012, in I.A.No.361 of 2012 in O.S.No.288 of 2009 (filed by the Petitioner/Defendant), at paragraph 5, had, inter alia, observed that '... In the chief examination of D.W.1, amendment cannot be carried out. Presently, there would be no use in amending the written statement. Though the date of discharge was a necessary fact of the case, since the enquiry was over in regard to the Discharge, the present petition was not to be allowed. It would create a new case' and finally dismissed the petition without costs.

(3.) The Learned Counsel for the Petitioner/Defendant contends that the impugned order of the trial Court in I.A.No.361 of 2012 in O.S.No.288 of 2009 dated 03.07.2012 is an erroneous one, besides the same being contrary to law and against facts of the case.