THIRAVIYAM Vs. MUKKAYEE

JUDGEMENT

(1.) THIS Civil Revision Petition is filed by the plaintiff against the order dated 9.7.2009 in IA.No.265/2008 in OS.No.15/2003 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.73/2006 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. 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 "Xl;L bfhl;lif" instead of "Xl;L tPL". THErefore, it has become necessary on his part to amend the four boundaries and the nature of the shed suitably.

(3.) IT is laid down by the Honourable Supreme Court in the case of Usha Devi Vs. Rijwan Ahamd and others [2008-3-MLJ-287-SC] that in order to allow the prayer for amendment, the merit of the amendment is hardly a relevant consideration and it will be open to the defendants to raise their objections in regard to the amended plaint by making any corresponding amendments in their written statement.