SMT. K. PONNAMMAL AND ORS. Vs. RAJAMMAL

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal orders dated 24.02.2017 in I.A.No.627 of 2016 in O.S.No.258 of 2011 on the file of the District Munsif's Court.

(2.) The learned counsel for the revision petitioners would submit that the respondent has filed the suit in O.S. No.258 of 2011 before the District Munsif, Thiruppur for declaration against the revision petitioners. Written statement has been filed by the petitioners. In the aforesaid suit, the respondent was examined as PW1 and she was also cross examined. At this stage, on 11.08.2016 the respondent has filed an application in I.A. No.627 of 2016 for amendment of plaint. The description of the suit property was wrongly mentioned as 'Western' and 'Eastern' instead of 'Northern' and 'Western' in the 13th line of the plaint and she wanted to delete the word 'Southern' and add 'Eastern' in the 14th line. According to her, recently the respondent came to know about the mistake with regard to the description of the schedule mentioned property. Therefore, the respondent has filed the present application for amendment. The aforesaid application has been allowed by the Court below. Challenging which, the present Civil Revision Petition has filed before this Court.

(3.) According to the learned counsel for the petitioners, the revision petitioners have filed a detailed counter against the said application by stating that the amendment sought for is belated stage. The respondent was examined as PW1 and cross examination has also been concluded. At this stage, the respondent has filed the instant application for correction of boundaries in the suit property. When the suit has been filed for recovery of possession, the said proposed amendment is squarely barred by limitation. If the said application is allowed, it will change the character and nature of the suit.