MADAKANNU NADAR Vs. PALTHURAI

JUDGEMENT

(1.) This Civil Revision Petition is filed by the Plaintiff in O.S.No.193 of 2010, i.e. the original suit before the Trial Court, in order to set aside the order dated 19.11.2013 in I.A.No.623 of 2013 in O.S.No.193 of 2010. The said interlocutory application was filed under Order 6 Rule 17 Civil Procedure Code to amend the plaint in the suit filed by the Revision Petitioner against the Respondents herein.

(2.) The case of the Revision Petitioner is that the Trial Court committed a material irregularity in the exercise of jurisdiction by failing to appreciate that the Respondents herein encroached upon the suit schedule property during the pendency of the suit and that the said act necessitated the filing of the interlocutory application to amend the plaint.

(3.) On the contrary, the case of the Respondents is that the written statement in the suit was filed on 27.9.2010, whereas the application for amendment was filed on 9.7.2013 and that the proposed amendment would result in a change in the nature and character of the suit. Consequently, the Respondents state that there is no infirmity in the order of the Trial Court in dismissing the application for amendment.