G RAMDOSS Vs. SHANTHI

JUDGEMENT

(1.) This Civil Revision Petition has been filed challenging the fair and decreetal order passed by the learned Principal Subordinate Judge, Madurai in I.A.No.55 of 2017 in O.S.No.1070 of 2012 dated 09.10.2017.

(2.) The brief facts, which are necessary to decide the present revision petition, are as follows:

(3.) The learned Counsel for the petitioner would submit that the petitioner came to know about the encroachment made by the 1st respondent / 1st defendant only on 13.01.2017 and hence, he sought to add the reliefs of "mandatory injunction" and "recovery of possession" in the plaint and the same will not change the basic structure of the suit. He would further submit that if the suit got decreed in his favour, then he will have to file another suit for the said consequential reliefs. In order to avoid multiplicity of proceedings, he has filed the present interlocutory application to amend the plaint under Order 6 Rule 17 CPC, even before the trial got commenced. He would further add that while considering the application for amendment, the Court should not got into the correctness or falsity of the case in the amendment and should not record a finding thereon. But the trial Court, without considering the above settled position, has erroneously dismissed the said interlocutory application. Thus, he prays to set aside the impugned order and to allow the interlocutory application.