KANDASAMY UDAYAR Vs. T.S. KARUPPUDAYAR

JUDGEMENT

(1.) THIS simple small cause proceeding, which is the substance of the revision, nevertheless involves one question of some interest. The suit was an apparently simple one for the realisation of a sum of Rs. 336 -45 alleged to be due on dealings, and instituted by the plaintiff against the defendant (revision, petitioner). Both parties agreed that there were dealings, but the case of the defendant was that nothing was due.

(2.) POINT No. 1, as framed by the learned District Munsif, was whether the amount of Rs. 278 -65 was due from the defendant to the plaintiff. On this aspect, the trial Court categorically comes to the conclusion that the case of the plaintiff cannot be accepted, and cannot be regarded as true. But, even on the case which was common to the parties, on the dealings, there would be an amount of Rs. 145 -75 to be paid by the defendant. The defendant swore that he repaid this entire amount on 2nd October, 1965, and relied on a slip Exhibit B -1, to show that the amount was due and was repaid.

(3.) AT this stage, the plaintiff seems to have abandoned the original basis of his claim, and sought to recover Rs. 145 -75 alone, on the slip Exhibit B -1. He attempted to amend the plaint, with regard to this matter, by introducing a new paragraph, as paragraph 6 (a), with the necessary averments. The learned District Munsif, in a brief order, held the application to be belated, and also to change the character of the suit and to introduce a new cause of action. Accordingly, the application was dismissed.