S N APPAJI GOWDU Vs. NANJUNDESWARASWAMY TEMPLE DENKANIKOTTAI

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 01.08.2008 passed by the learned District Munsif of Hosur, in I.A.No,405 of 2005 in O.S.No,351 of 1987, this civil revision petition is focussed.

(2.) HEARD both sides.

(3.) PLACING reliance on those two decisions, the learned counsel would submit that the factual matrix involved in those decisions do squarely applicable in the facts and circumstances of this case. Even though the suit was filed by the plaintiffs as early as in the year 1987, they kept quiet till the year 2005 without seeking amendment to incorporate the prayer for declaration that the sale deeds emerged in respect of the suit property are null and void. On earlier occasion, one other I.A. was filed seeking amendment of the plaint and that was allowed and even at that time, they did not choose to get incorporated the prayer for declaration as they have made in the present I.A.No,405 of 2005 after commencement of trial, the Court should be strict in allowing the amendment and a liberal view cannot be taken.