A.K.ANNAMALAI, J. - (1.) The unsuccessful complainant is the appellant.
(2.) The complainant filed a complaint against the opposite party praying for the direction for the opposite party to pay Rs.10,00,000/- towards compensation for mental agony etc., and to pay Rs.5,000/- towards costs.
(3.) The brief details of the complainant case as per the complaint is as follows :- On 24.7.06, complainants wife Tmt.Latha @ Venkitammal and her two children filed a suit in O.S.No.183/2006 against the complainant for partition and the complainant engaged Thiru.Shahul Hameed as his counsel to defend him and filed a written statement on 26.10.06 and the suit was listed for trial. On 22.2.07, the complainant engaged the opposite party as his counsel changing Thiru.Shahul Hameed an the opposite party cross examined PW1. Tmt. Latha @ Venkitammal, the 1st plaintiff therein and in the course of the examination of witness the question arose whether a guardian was appointed for her two minor children who are the 2nd and 3rd plaintiffs in the suit. The learned District Munsiff directed the plaintiff therein to file an affidavit and third party affidavit with a petition to appoint a guardian since it is a curable omission. Accordingly she filed a petition in I.A.No.126/2007 for appointment her as the guardian of the minors and another petition to amend the plaint suitably. The complainant filed counters in both the petitions. On 24.4.07 these petitions came up for enquiry and at that time the complainant was not present since he has gone to the Fast Track Court Periyakulam to attend another case. During the enquiry, the opposite party has represented to the Court that he has no objection to allow these petitions and accordingly the learned District Munsiff allowed both the petitions. Since the opposite party acted in this regard without instruction of the complainant against the intent of complaint which caused prejudice and great loss for the complainant thereby for deficiency of service complainant has come forward with this complaint.;