MANJULA JOTHI Vs. B KANNAMMAL

JUDGEMENT

(1.) THE civil revision petitioner/petitioner/plaintiff has filed the present revision petition aggrieved against the order dated 15.04.2008 in I.A.No.38 of 2008 in O.S.No.5 of 2007 passed by the Additional District Judge cum Fast Track Court-I, Erode in dismissing the amendment application filed by the revision petitioner/plaintiff under Order 6 Rule 17 and under Section 151 of Civil Procedure Code.

(2.) THE trial Court, while passing orders in I.A.No.38 of 2008, has inter alia observed that 'the amendment application I.A.No.38 of 2008 has been projected with a view to delay the conduct of the trial and also to change the character of the suit and resultantly, has dismissed the application.'

(3.) IN the affidavit filed in I.A.No.38 of 2008, the revision petitioner/plaintiff has stated that in the said family arrangement the second defendant herein has gave up all her rights in the estate of Balakrishna Mudaliar etc. and by oversight it has not been pleaded that the plaintiff has perfected title by adverse possession and the plea of adverse possession is available to the revision petitioner on the facts of the case and that the said amendment sought for is not changing the cause of action nor changing the character of the suit.