N.GANGAMMAL Vs. RAJESHWARI

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A. No.1828 of 2014 in O.S. No.260 of 2009 on the file of District Munsif Court, Chengalpattu, the plaintiff has filed the above Civil Revision Petition.

(2.) The plaintiff filed the suit in O.S. No.260 of 2009 for declaration, mandatory injunction, recovery of possession and permanent injunction. The defendants filed their written statement and additional written statement and are contesting the suit.

(3.) Thereafter, when the suit was taken up for trial, the plaintiff took out an application in I.A. No.1828 of 2014 under Order 6, Rule 17 of Civil Procedure Code to amend the plaint by amending the schedule of property in the plaint. 3.1 In the affidavit filed in support of the application, the plaintiff has stated that when the Advocate Commissioner visited the suit property, the Commissioner found further illegal encroachment by putting up superstructure in the nature of toilet and bath room. Since the Commissioner has filed his report stating about the further illegal encroachment, the plaintiff has filed the application seeking for amendment of the schedule of property in the plaint.