D A PARAMASIVAM Vs. NATARAJA ACHARI

JUDGEMENT

(1.) AGGRIEVED over the fair and decretal order dated 8.12.2005 made in I.A. No. 9 of 2005 in A.S. No. 30 of 2004 on the file of the Principal District Judge, Dharmapuri at Krishnagiri, this civil revision petition is filed.

(2.) BRIEF facts of the case are as follows: The petitioner is the plaintiff, who filed a suit in O.S. No. 34 of 1992 for specific performance against the respondents/defendants and the suit was dismissed. Aggrieved over the dismissal of the suit, the petitioner has filed an appeal which has been taken on file in A.S. No. 30 of 2004 on the file of the Principal District Court, Dharmapuri atKrishnagiri. The petitioner has also filed an application in I.A. No. 9 of 2005 seeking amendment of the date as 15.11.1990 instead of 15.12.1990 in last line of para 4 of the plaint.

(3.) THEREFORE the date mentioned as 15.12.1990 as a typographical error in para 4 may be amended as 15.11.1990. If such amendment is carried out, no prejudice would be caused to the respondent. It is true that the plaintiff has not taken steps to amend the plaint in time by mistake before the lower Court. However at the appeal stage, this kind of mistake can be rectified by way of amendment, because no prejudice or hardship would be caused to the respondents.