V BARANI Vs. K KRISHNAMURTHY

JUDGEMENT

(1.) THE civil revision petitioner/petitioner/plaintiff has filed the present civil revision petition as against the orders dated 17.10.2008 in I.A.No.724 of 2008 in O.S.No.27 of 2006 passed by the Principal Subordinate Judge, Puducherry in rejecting the part of the relief in paragraph 5 of the prayer portion and totally rejecting the prayer portion in paragraph 6 of the amendment application.

(2.) THE learned counsel for the petitioner/plaintiff urges before this Court that the order of the trial Court in not acceding to the request of the revision petitioner in regard to the disallowed portion of prayer made in the amendment application is contrary to law and weight of evidence of the case and that the trial court has not taken into account of the fact that the prayer made for amendment in later part of amendment in paragraph 5(1) and 6 of the application are consequential in nature and no separate prayer requiring the application under Order 6 rule 17 of CPC and that once the trial Court has allowed the application under Order 1 Rule 10 of CPC, a prayer has to be necessarily made and therefore the necessity for making such a prayer is also stated in the affidavit itself and these aspects of the matter have not been taken note of by he trial Court in proper perspective and more over the trial Court has not taken into account of the valuation paragraph which also has to be suitably amended into Rs.15 Lakhs and the Court fee of Rs.1,12,500/- and therefore prays for allowing the present civil revision petition in the interest of justice.

(3.) THIS Court has paid its anxious consideration to the arguments advanced by the learned counsel for the parties and noticed their contentions.