SIVANAMALAI GOUNDER Vs. A PALANISAMY GOUNDER

JUDGEMENT

(1.) THE Civil Revision Petition in C.R.P.No.1932 of 2004 is filed against the order of the trial Court rejecting the application of the petitioners filed in I.A.No. 444 of 2004 in O.S.No. 179 of 2002 to amend the plaint.

(2.) THE petitioners herein filed a suit in O.S.No.179 of 2002 on the file of the District Munsif, Kangeyam for declaration and permanent injunction to declare that A Schedule channel ABCEDF is a common one and for permanent injunction restraining the defendants from demolishing the suit channel and for mandatory injunction to restore suit B Schedule channel. In the plaint the extent of the common suit channel area was originally stated as 4 cents. By means of the above said application, it was sought to amend the same as 5 cents. That application has been dismissed by the trial Court on the premise that the petitioners were not diligent and the application was highly belated.

(3.) AGAIN this Court can take advantage of the decision of the Supreme Court in B.K. Narayana Pillai Vs. Parameswaran Pillai and Another (2000 (1) SCC 712). In that case the Apex Court after referring to number of decisions, has stated in para 3 that the purpose and object of Order 6, Rule 17 CPC is to allow either party to alter or amend his pleadings in such manner and on such terms as may be just. The power to allow the amendment is wide and can be exercised at any stage of the proceedings in the interests of justice on the basis of guidelines laid down by various High Courts and the Apex Court. It is true that the amendment cannot be claimed as a matter of right under all circumstances but it is equally true that Courts while deciding such prayers should not adopt hyper technical approach. Liberal approach should be the general rule, particularly in cases, where the other side can be compensated with the costs. Technicalities of law should not be permitted to hamper the courts in the administration of justice between the parties. The amendments are allowed in the pleadings to avoid uncalled for multiplicity of litigations.