LAWS(MAD)-2008-11-119

CHANDRAN Vs. MARIAPPAN

Decided On November 27, 2008
CHANDRAN Appellant
V/S
MARIAPPAN Respondents

JUDGEMENT

(1.) THE revision petitioner/respondent/defendant has filed this present civil revision petition as against the order dated 19.6.2008 in I.A.No.43 of 2008 in O.S.No.161 of 2006 passed by the learned Subordinate Judge, Tiruvallur in allowing the application filed by the respondent/petitioner/plaintiff under Order 6 Rule 17 of Civil Procedure Code praying to amend the plaint.

(2.) THE trial Court, while passing orders in I.A.No.43 of 2008 in O.S.No.161 of 2006, has inter alia opined that ' by allowing the amendment, the cause of action will not change and also filing of the new suit can be prevented and has resultantly allowed the said application.

(3.) THE respondent/petitioner/plaintiff in I.A.No.43 of 2008 in O.S.No.161 of 2006 has taken a categorical stand that he has been advised to state that it is not necessary to seek any relief of rectification and he can seek the relief in respect of the correct survey number of the correct property with correct boundary, the relief of specific performance.