THIRAVIYAM Vs. MUKKAYEE

JUDGEMENT

(1.) This Civil Revision Petition is filed by the plaintiff against the order dated 9.7.2009 in IA. No. 265 of 2008 in O.S. No. 15 of 2003 passed by the District Munsif Court cum Judicial Magistrate, Kamudhi, rejecting the petition for amendment.

(2.) The petitioner/plaintiff had filed the above said suit for declaration and recovery of possession against the respondent/defendant and the same was dismissed, as against which the petitioner filed an appeal in AS. No. 73 of 2006 on the file of the Sub Court, Paramakudi and the lower appellate Court remanded the suit for fresh disposal. Pending the suit, the petitioner has filed the said application for amendment to correct the description of four boundaries and also the nature of the shed put up by him in the suit property. 2. a. According to the petitioner, he has failed to give the predecessor's name of the parties, who are residing/having land on four boundaries and moreover, the shed situated in the suit property is described as "X1;L bfhl;lif" instead of "X1;L tPL." Therefore, it has become necessary on his part to amend the four boundaries and the nature of the shed suitably.

(3.) The trial Court after discussing the facts of the case, reproducing the description of the property as set out in the schedule to the plaint originally and giving the description as sought to be amended in the interlocutory application would remark that the description of four boundaries is sought to be amended in a different manner and that if the amendment is allowed, the identity of the property will be changed and therefore, would not permit the petitioner to amend the plaint as prayed for.