SARASWATHY Vs. VARALAKSHMI

JUDGEMENT

(1.) THE above Civil Revision Petition is filed against the order of the learned Subordinate Judge, Chidambaram dated 18.10.2005 in I.A.No.50 of 2005 in A.S.No.54 of 2004.

(2.) THE petitioners are the plaintiffs 2 to 5 in the suit. One Murugesam Pillai is the husband of the first petitioner and father of 2 to 4 petitioners. Originally, he filed a suit before the learned District Munsiff Court, Chidambaram for permanent injunction against the respondents herein. THE suit was decreed as prayed for. THE respondents preferred appeal in A.S.No.54 of 2004 on the file of the learned Sub Judge, Chidambaram, which is pending. After the death of Murugesam Pillai, the petitioners herein were impleaded as legal representatives and they are pursuing the appeal presently. THEy filed an application before the appellate court for amendment of the plaint with reference to the extents in item Nos.4, 9 and 10 in the suit schedule.

(3.) HEARD the learned counsel for the petitioners. Conceding the delay found in the proceedings, the learned counsel for the petitioners submitted that there is nothing malafide on the part of the petitioners to come forward with the petition for amendment. It is his further argument that the deceased plaintiff Murugesam Pillai was an old man who was suffering from illness and so that he could not pursue the case effectively and only these petitioners were able to see the mistakes which have crept in the plaint.