R MANJULA Vs. R RAMANUJAM

JUDGEMENT

(1.) THE revision petitioner/plaintiff has filed this civil revision petitioner aggrieved against the order passed in I.A.No.2006 of 2007 in O.S.No.196 of 2000 dated 05.06.2008 by the District Munsif-cum-Judicial Magistrate, Ambattur in dismissing the application for amendment of plaint filed under Order 6 Rule 16 and 17 of Civil Procedure Code.

(2.) THE trial Court has dismissed the I.A.No.2006 of 2007 inter alia observed that 'when the relief sought for by the revision petitioner/plaintiff is mandatory in nature, she should have filed the amendment application within three years i.e. before 2003 and further that in view of the Advocate Commissioner report filed in the case, the petitioner has full knowledge of the presence of compound wall etc.'

(3.) WITHIN the well established principles of law, a Court of law can allow an amendment. An amendment which does not change the nature and character of the suit can be allowed by the Court. Generally, in the matter of amendment application merits and demerits of the case are not to be looked into. However, the Court is to be cautious of the fact that an amendment of pleading ought not to be granted to introduce a new cause of action.