SELVARAJ Vs. KURSHAT

JUDGEMENT

(1.) The revision petitioner/petitioner/plaintiff has filed the present civil revision petition as against the order dated 29.09.2005 in I.A. No. 207 of 2005 in O.S. No. 1490 of 1997, passed by the learned III Additional District Munsif, Trichirappalli, in dismissing the application filed by the petitioner praying for amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure.

(2.) The trial Court while passing the orders in I.A. No. 207 of 2005 has observed that the application for amendment of plaint has been filed belatedly and that the cause of action has arisen seven years ago and further that the case has been posted in the list in the year 2005 and resultantly, dismissed the application without costs.

(3.) According to the learned Counsel for the revision petitioner/plaintiff, the order of the trial Court in dismissing the I.A. No. 207 of 2005 is not proper in the eye of law and that the trial Court has not taken note of the fact that the revision petitioner/plaintiff has been evicted forcefully by the respondent/defendant and moreover, the amendment will not change or alter the nature and character of the suit filed by the revision petitioner/plaintiff and that the trial Court has failed to appreciate the matters in issue in a proper perspective manner and therefore, prays for allowing the Civil Revision Petition to prevent aberration of justice.