KUNJAYAMMAL Vs. SHANTHI

JUDGEMENT

(1.) The instant Civil Revision Petition has been filed challenging the order dated 18.07.2014, passed by the learned District Munsif, Uthangarai in I.A. No. 7 of 2013 in O.S. No. 124 of 2004.

(2.) The petitioner is the plaintiff in the suit O.S. No. 124 of 2004 filed against the respondents which is now pending on the file of the learned District Munsif cum Judicial Magistrate Court, Uthangarai. Originally the suit was filed for permanent injunction restraining the respondents/defendants from interfering with his peaceful possession and enjoyment of the suit schedule property. A written statement was also filed by the first respondent, who is the first defendant in the suit O.S. No. 124 of 2004 denying the allegations contained in the plaint filed in O.S. No. 124 of 2004 and stating that the first respondent/first defendant is the absolute owner of the suit schedule property and the petitioner/plaintiff does not have any right over the same. The written statement was filed on 16.11.2004. However, only on 10.12.2012, the petitioner/plaintiff filed I.A. No. 7 of 2013 in O.S. No. 124 of 2004, seeking to amend the plaint to include the relief of declaration that the petitioner/plaintiff is the absolute owner of the suit schedule property and has also sought for deletion of 7th and 8th items in the suit schedule property from and out of the properties, which are the subject matter of the dispute. A counter affidavit was also filed by the respondents/defendants in I.A. No. 7 of 2013 filed by the petitioner/plaintiff.

(3.) By order dated 18.07.2014, the trial Court dismissed I.A. No. 7 of 2013 filed by the petitioner/plaintiff on the ground that if the amendment sought for by the petitioner/plaintiff is allowed, it will bring a new cause of action which is barred by law of limitation.