SHANMUGHAM AND ANOTHER Vs. PERUMAL

JUDGEMENT

(1.) Aggrieved by the fair and decretal order dated 6.12.2005 made in I.A. No. 1527 of 2005 in O.S. No. 75 of 2003 on the file of the Additional District Munsif, Tindivanam, the present Civil Revision Petition is filed.

(2.) Facts leading to the filing of this Civil Revision Petition are as follows:

(3.) On consideration of the materials and submissions of the contesting parties, the learned Additional District Munsif, Dindivanam dismissed the Application for amendment holding that (i) the Petitioners ought to have made averments in the Plaint or by way of their replication statement and it is not appropriate to introduce a new case by way of amendment, (ii) Though Suits in O.S. Nos. 292 of 2002 and 65 of 2003 were taken up for joint Trial along with the present Suit, there is no progress for a long time, owing to the pendency of the Application for amendment, and (iii) The Petitioners ought to have filed the amendment Petition before the commencement of Trial, but they have not chosen to do so.