PERIASAMY Vs. NAINAMALAI

JUDGEMENT

(1.) THIS revision has been filed by the petitioner, who was appellant before the lower appellate Court, against the order passed by the lower Court appellate court in refusing to permit the petitioner to amend the plaint in the appeal stage.

(2.) THE brief facts of the case for the purpose of deciding this revision petition are as follows:- The revision petitioner, as plaintiff, filed the suit in O. S. No. 235 of 2001 seeking for permanent injunction restraining the respondents/defendants and their men from in any way trespassing and interfering with the plaintiff's peaceful possession and enjoyment of the suit property. The said suit was dismissed by the trial Court, against which, the revision petitioner/plaintiff has filed an appeal in A. S. No. 7 of 2006 before the first appellate Court. While the appeal is pending, the petitioner has filed I. A. No. 4 of 2007 in the appeal seeking for amendment of the survey number of the suit property as it was found to be a wrong survey number. The lower first appellate court has, after hearing both sides, dismissed the said I. A. No. 4 of 2007, which necessitated the petitioner to file this revision before this Court.

(3.) HEARD Mr. T. Murugamanickam the learned counsel for the petitioner and Mr. M. L. Ramesh the learned counsel for the respondent.