C DURAIRAJ Vs. T S RATHINASABAPATHY

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dated 16.7.2009, made in I.A.No.547 of 2008, in O.S.No.462 of 2007, on the file of the I Additional District Munsif Court, Erode.

(2.) The petitioner in the present civil revision petition had filed the suit, in O.S.No.462 of 2007, on the file of the I Additional District Munsif Court, Erode, praying for a decree restraining the defendants 1 to 4, by way of a permanent injunction, from, in any manner, taking fixed deposit amounts of the plaintiff, from the 5th defendant Bank and to restrain the 5th defendant Bank, from, in any manner, disbursing the fixed deposit amounts of the plaintiff.

(3.) The petitioner had also filed an interlocutory application, in I.A.No.547 of 2008, to permit the petitioner to amend the plaint, as prayed for therein. The trial Court, by its order, dated 16.7.2009, had dismissed the interlocutory application, in I.A.No.547 of 2008, stating that the plaintiff, in the suit, who is the petitioner herein, had filed the suit, originally, praying for the relief of permanent injunction. However, by way of the proposed amendment in the plaint he was wanting to change the prayer for return of the fixed deposit. The trial Court had held that if the petitioner wants a decree for money, he has to pay the necessary Court fee, based on the amount claimed.