K. CHINNA BIDDAMMA Vs. J. KRISHNAMA NAIDU

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against an order dated 9th December, 1997, passed by the Principal District Munsif, Puttar, in I.A. No. 1437 of 1997 arising out of O.S. No. 159 of 1993, whereby and whereunder he dismissed an application filed by the petitioner herein for amendment of plaint.

(2.) THE plaintiff filed the suit for a permanent injunction against the respondents. By reason of an application, he sought to amend the plaint by inserting paragraph 2-A therein, which reads thus :

(3.) IT is true that the application for amendment of plaint was filed at a belated stage but now, it is well settled principle of law that the applications for amendment of plaint are considered liberally having regard to the fact that thereby multifariousness of the proceedings would be avoided. The declaration of title sought for the plaintiff, even according to the learned Court below, could be decided in the suit for permanent injunction also. In view of the aforementioned finding itself, the learned trial Judge ought not to have dismissed the application for amendment, inasmuch as thereby the defendants would not have been prejudiced.