SARATHAMANI Vs. R C CHENNIAPPAN

JUDGEMENT

(1.) CIVIL Revision Petition filed under Article 227 of Constitution of India against the fair and decretal order of the Principal Subordinate Judge, Erode dated 14.11.2008 in I.A.No.1182 of 2008 in O.S.No.221 of 2007. The petitioner is defendant in O.S.No.221 of 2007 on the file of the Sub-Court, Erode. The respondent/plaintiff filed the above suit for declaration that he is the absolute owner of the suit properties and also for recovery of possession from the defendant. He filed an application under Order 6 Rule 17 and Section 151 of C.P.C. for amending the plaint.

(2.) IN the affidavit he has stated that he has clearly mentioned in the plaint pleadings that along with one Raju he purchased property jointly and divided the same into two. Thereafter, he constructed building in the land allotted to his share, which is the suit property herein. Now he came to know that in the description of the property, the entire land purchased jointly has been mentioned, which is incorrect. It is a clerical mistake and as stated in the plaint pleadings western side property possessed by him while eastern side property belongs to Raju and the amendment may be allowed.

(3.) MR.P. Valliappan, learned counsel for the petitioner would submit that inasmuch as the amendment sought to be made in the plaint could alter the character and nature of the suit, that itself would change the suit property and amendment could not be allowed.