A K RAMANI Vs. T V THANGAVELAN

JUDGEMENT

(1.) THE petitioner filed suit in O. S. No. 109 of 2000 on the file of the District Munsif, Tiruchengode for Permanent Injunction with regard to 810 Sq. ft. , situate within specific four boundaries in Survey No. 58/1 in Seetharampalayam Village. He filed I. A. No. 154 of 2008 praying the Court to grant leave to amend the plaint to add "kw;wk; ru;nt bek;gu;/61-2 g[/v/0/71 jp/u:/1/60 ,itfspy;" instead of ",jpy;".

(2.) IN the affidavit he has stated that in the sale deed dated 27. 3. 2000 relied upon by him, the Survey number has been omitted to be mentioned and hence on 05. 06. 2000 a rectification deed has been registered and on the basis of which the plaint has to be necessarily amended. The proposed amendment will not change the nature, character and cause of action of the suit.

(3.) IN the counter filed by the respondent/defendant, the above said allegations have been resisted and also it is stated that the amendment will certainly alter the character and nature of the suit; that the petitioner nor his predecessor has any right or title in Survey No. 61/2, which absolutely belongs to this respondent; that after the filing of the suit and getting interim injunction order, he purposely made a rectification deed on 05. 06. 2000 and that the petition is only to protract the proceedings.