U.RAMANNA Vs. SAVITHRAMMA

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 17.09.2014 made in I.A. No. 3 of 2014 in O.S. No. 199 of 2007 on the file of the District Munsif cum Judicial Magistrate Court, Denkanikottai.

(2.) The petitioner is defendant and respondent is plaintiff in O.S. No. 199 of 2007 on the file of the District Munsif cum Judicial Magistrate Court, Denkanikottai. The respondent filed said suit for declaration of title and injunction. The petitioner filed written statement on 28.01.2008 and is contesting the suit. The respondent filed I.A. No. 3 of 2014 to amend the plaint to substitute S. No. 11/1B instead of S. No. 11/1A and to include one paragraph stating that her father after filing of the suit executed a gift deed dated 16.04.2008 and handed over the suit property to her.

(3.) The petitioner filed counter affidavit and opposed the said application and contended that by amendment sought for, the respondent is introducing a new cause of action. The amendment sought for is with regard to the subsequent gift deed dated 16.04.2008 executed by the respondent's father after filing of the suit. The cause of action for the suit is based on the earlier gift deed dated 11.05.2007. The petitioner further contended that the respondent has already filed application for withdrawal of suit under Order 23, Rule 1 of C.P.C. with liberty to file a fresh suit on the same cause of action and the said application is pending. Suppressing the same, the petitioner has come out with the present application, which is not maintainable.