MEENAKSHI Vs. SELVARAJ ALIAS SELVAM

JUDGEMENT

(1.) THIS civil revision petition is filed against the order of the learned District Munsif Court, Tiruchengode in I.A.No.1012 of 2006 in O.S.No.243 of 1996 this Civil Revision Petition is filed.

(2.) THE brief facts of the case are as follows: THE suit in O.S.No.243 of 1996 was filed by the revision petitioners/plaintiffs for the relief of declaration and permanent injunction restraining the defendants from interfering with the peaceful possession and enjoyment of the suit property by the plaintiffs and awarding costs of the suit. Further, the petitioners filed I.A.No.1012 of 2006 under Order VI Rule 17 and Section 151 of C.P.C. to grant leave to the petitioners to amend the plaint viz., measurement of the suit description on the basis of the report of the Advocate Commissioner, which was dismissed by the learned District Munsif, Tiruchengode on 04.09.2006, holding that if the proposed amendment is allowed, it will certainly cause prejudice to the respondents and the valuable right accrued on the respondents will be very much affected by limitation. Aggrieved over the order, this Civil Revision Petition is filed.

(3.) THE learned counsel for the revision petitioners submitted that the trial court has failed to note that the amendment sought for in I.A.No.1012 of 2005 is necessary for effective and complete adjudication of the disputes between the parties. While considering the amendment petition, the trial court ought not to have gone into the correctness of the case in the amendment and thereby the trial court has committed an error in rejecting the same.