BALANAGESWARI ALIAS POONGODI Vs. EXECUTIVE OFFICER ARULMIGU BADRAKALIAMMAN KOIL ANTHIYUR BHAVANI TALUK

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 23.10.2008 passed by the learned Subordinate Judge, Bhavani, Erode District in I.A.No,278 of 2008 in O.S.No.12 of 2006, this civil revision petition is focussed.

(2.) AN epitome and resume of the relevant facts, which are absolutely necessary and germane for the disposal of this revision would run thus:The revision petitioner/plaintiff filed the suit O.S.No.12 of 2006 seeking the following reliefs:- declaring the plaintiff title to the suit property- restraining the defendants, their men and agents from in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit property by means of a permanent injunction.The defendants filed their written statement the trial was also conducted and concluded and the matter was posted for judgment while so, the plaintiff filed I.A.No,278 of 2008 under Section 151 of the Code of Civil Procedure seeking permission of the Court to get the plaint amended so as to correct the Survey Number as well as the measurement whereupon, after hearing both the sides, the lower court dismissed the said application. Being disconcerted by and dissatisfied with the order of the lower Court, this revision has been focussed on various grounds, inter alia thus:The lower Court instead of allowing the said application simply dismissed it on the ground that the plaintiff had intended to delay the proceedings. The lower court also failed to consider that the survey Number is of vital importance to prove the case of the plaintiff. Accordingly, she prayed for setting aside the order of the lower court and for allowing the I.A.

(3.) I could see sound ratiocination adopted and adhered to by the lower Court. It is for the plaintiff to prove her case with reference to the boundaries. If what are all the plaintiff averred, is true, on her side, as per the available records it is for the Court to decide. Hence, she cannot on some ground get the plaint amended. The laches on the part of the plaintiff cannot be tolerated and that too, in a matter of this nature. The affidavit accompanying the I.A would evince and exemplify that it is not as though the plaintiff was not aware of certain defects in her own sale deed.