B SASIKUMAR Vs. M GANGADHARAN

JUDGEMENT

(1.) THE revision petitioners/Petitioners/Plaintiffs filed this civil revision petition as against the order in I.A.No.278 of 2005 in O.S.No.264 of 2005 dated 06.10.2005 passed by the District Munsif, Ranipet in dismissing the application praying for amendment of plaint in respect of the suit schedule property under Order 6 Rule 17 of C.P.C.

(2.) THE trial Court while passing order in I.A.No.278 of 2005 has come to a conclusion that the arguments on the side of the respondents/Defendants were over and at that time, I.A.No.278 of 2005 has been filed by the revision petitioners/Plaintiffs praying to amend the suit schedule Survey Number as Punja Survey No.145/5 instead of Nanja Parimash No.39 and as such the same cannot be allowed and resultantly, dismissed the application.

(3.) BE that as it may, on a careful consideration of the respective contentions, this Court is of the considered view that when the arguments on the side of the respondents/defendants have been over before the trial court, at a belated stage, the revision petitioners/Plaintiffs cannot project the interlocutory application praying for an amendment of the plaint schedule property and if the same is allowed by this court, thus a valuable right accrued to a party will be erased or displaced in a single stroke. In that view of the matter, the civil revision fails and the same is dismissed.