LAWS(MAD)-2008-1-386

P CHANDRA Vs. M P IRULAPPAN SERVAI

Decided On January 10, 2008
P.CHANDRA Appellant
V/S
I.ARUL MURUGAN Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition is focussed as against the order in i. A. NO. 400 of 2005 in O. S. No. 35 of 2001 on the file of the District Munsif, nilakottai, dated 06. 03. 2006.

(2.) A re'sume' of facts absolutely necessary and germane for the disposal of this civil revision petition would run thus: the petitioner herein filed the suit in O. S. No. 35 of 2001 for bare injunction as against the respondents herein. It so happened that after the filing of the said suit, the defendants filed a fresh suit in O. S. No. 145 of 2001 for declaration of title relating to the same suit property and for recovery of possession.

(3.) THE petitioner herein filed I. A. No. 400 of 2005 in O. S. No. 35 of 2001 for getting the plaint mainly amended so as to incorporate the prayer for declaration of title, as earlier, the plaint is bereft of such a prayer. However, the trial Court dismissed that I. A for amendment.