A SUBRAMANIAN Vs. LIAKATH ALI

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 28.02.2006 in I.A.No.43 of 2006 in O.S.No.15 of 2001 on the file of Additional District Munsif, Pudukottai.

(2.) THE suit in O.S.No.15 of 2001 was originally filed by the respondents 1 and 2 against the third respondent for declaration and recovery of possession on the basis of their title and possession of the property. When the matter was made known to the revision petitioner, an application in I.A.No.96 of 2001 was preferred by the revision petitioner to implead him as a defendant in the suit and the said application was allowed as per order dated 07.03.2001.

(3.) WHILE the matter stood thus, the respondents 1 and 2 filed an application in I.A.No.43 of 2006 for the purpose of amendment of the plaint and to incorporate a prayer for declaration and mandatory injunction in respect of the suit property. The application was resisted by the revision petitioner on various grounds. It was his main contention that the prayer is clearly barred as on the date on which the application for amendment was preferred, as according to him, he was impleaded as early as on 07.03.2001 and the application for amendment was filed only in the year 2006. The learned trial Judge considered the application as well as the objection filed by the revision petitioner and ultimately, allowed the application as per order dated 28.02.2006. It is the said order which is impugned in the present civil revision petition.