KOYA MOHIDEEN Vs. TAHSILDHAR GUDALUR NILGIRIS

JUDGEMENT

(1.) THESE Revisions are directed against the order of the Gudalur Janmam estates Abolition Tribunal and the District Judge of the Nilgris at Udhagamandalam dated 6.10.2007 made in I.A. Nos.62 to 68 of 2007 in C.M.A. Nos.10, 11, 12, 14, 15, 17 and 18 of 1999.

(2.) THE respondents in the said Interlocutory Applications are the petitioners. THE petitioner/appellant thereon is the first respondent herein and the first respondent in that Interlocutory Application is the second respondent. THE Interlocutory Applications have been filed in the above C.M.As. under Order 6, Rule 17 read with Order 1, Rule 10(1), Section 151 of C.P.C. and Section 7 of the Gudalur Janmam estates (Abolition and Conversion into Ryotwari) Act, 1969 praying for pernlitting the first respondent herein to amend the cause title in the memorandum of Appeal. Those Applications have been ordered by the above referred Court, which is being challenged in these Revisions.

(3.) IN reply to the said Applications the claimants have filed counter affidavit, wherein it has been set out that the proposed amendment would alter the entire cause of action, besides it is barred by limitation. Though, even at the outset, an objection has been taken with regard to the locus standi of the Tahsildar in preferring the Appeals, the mistake has not been rectified and the State Government did not take any steps to bring on record the necessary parties. The Appeals preferred by the Tahsildar of Gudalur/Pandalur is non-est in law. It is not a mis-description and the same cannot be remedied now. Thus the counter affidavit sought for dismissal of the Applications.