P SIVASUBRAMANIAN Vs. R SARAVANAN

JUDGEMENT

(1.) THIS Civil Revision Petition is filed by the plaintiffs against order dated 22.6.2007 passed in IA.No.68/2007 in OS.No.167/2006 by the District Munsif, Periyakulam.

(2.) THE brief facts are as follows:- THE petitioners/plaintiffs filed the above said suit for permanent injunction restraining the respondents/defendants from interfering with their peaceful possession of the suit property. THE petitioners claim title to the suit property by virtue of the registered sale deed dated 3.6.1982 and claim to be in possession and enjoyment of the suit property. THE respondents filed a written statement disputing the title of the petitioners to the suit property, which necessitated the petitioners to file an application in IA.No.68/2008 under Order 6 Rule 17 of CPC for amendment of the plaint seeking declaratory relief in view of the stand taken by the respondents in the written statement. THE said application has been resisted by the respondents contending that they would be prejudiced if such an amendment is allowed. THE court below dismissed the said application on the ground that if such an amendment is allowed, it would introduce a new cause of action and change the character of the suit. Aggrieved against the said order, this Civil Revision Petition has been filed by the plaintiffs.

(3.) IN the case of Amar Singh Chetri Vs. Bijay Chandra Modak and others [AIR-1993-Gouhati-50], the suit was filed for declaration and permanent injunction and when the defendant trespassed into the property during the pendency of the suit, conversion of the plaint was sought for into one for declaration and recovery of possession. On the said facts, the High Court of Gouhati held that no prejudice or irreparable injury was likely to be caused to the defendant and the amendment was necessary to adjudicate the real issue between the parties.