V RAJARAM Vs. PERIASWAMI PILLAI

JUDGEMENT

(1.) PLAINTIFF in O.S.No.30 of 1996 on the file of District Munsif-cum-Judicial Magistrate Court, Vedasandur is the revision petitioner. Suit filed by him was one for permanent prohibitory injunction restraining defendant from interfering with his possession and for incidental reliefs.

(2.) DEFENDANT in his written statement denied the title of plaintiff. Plaintiff therefore filed a petition for withdrawing the suit and to file a properly instituted suit. When permission was sought for the same was objected. Therefore an application for amending the plaint was filed as I.A.No.714 of 1998 to incorporate the relief of declaration of title.

(3.) IT is well settled that if by amendment, jurisdiction of the court is ousted, that by itself cannot be a reason for not allowing the amendment application.