MARIANNAN Vs. RAJA AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order and decreetal order dated 05.12.2007 passed in I.A.No.452 of 2017 in O.S.No.25 of 2015, on the file of the learned District Munsif and Judicial Magistrate, Pennagaram, Dharmapuri District.

(2.) According to the learned counsel for petitioner/first defendant, the first respondent/plaintiff filed a suit in O.S.No.25 of 2015 under Order 7 and Rule 1 to 6 and under section 26 of CPC against the respondents for declaration and permanent injunction. In the said suit, the first respondent filed an application in I.A.No.452 of 2017 under Order 6 and Rule 17 and under section 151 of CPC to amend the averments made in the plaint and the same was allowed, by the Court below, by order dated 05.12.2017. Aggrieved by the said order, the present Civil Revision Petition has been filed by the petitioner.

(3.) The learned counsel for the petitioner submitted that the first respondent filed an application to amend the plaint. In the affidavit, it is stated by the first respondent that in 12th line of paragraph No.4, it is mentioned as "VERNACULAR MATTER jfg;gdhh;" and the same has been changed as "VERNACULAR MATTERjfg;gdhUf;Fk;" and in 7th line of paragraph No.7, it is mentioned as "1- VERNACULAR MATTERk; g[pujpthjp" and the same has been changed as "VERNACULAR MATTERthjp". The said amendment of the plaint, would change the nature and character of the suit and it will cause prejudice to the right of the petitioner, as the suit is at the stage of trial, also against the claim made by the plaintiff. The Court below, without considering the objections raised by the petitioner, erroneously allowed the application. Hence, the impugned order passed by the Court below is liable to be set aside.