MR. KANNAN Vs. MR. RANGAN

JUDGEMENT

(1.) This Civil Revision Petition is filed, challenging the order and decreetal order passed by the learned District Munsif, Sathyamangalam, in I.A. No.835 of 2013, in O.S. No.74 of 2013, dated 25.11.2013.

(2.) The revision petitioner herein is the plaintiff, who filed the suit in O.S. No.74 of 2013, for the relief of declaration and permanent injunction. During the pendency of the suit, the revision petitioner filed an Interlocutory Application, under Order 6, Rule 17 C.P.C., in I.A. No.835 of 2013, for amendment of the plaint. In the affidavit filed in support of the Amendment Application, the revision petitioner has stated that, there are certain typographical errors while drafting the plaint, and, it was filed without correcting the same and hence, the present Application has been filed to effect corrections in the plaint. Opposing the said Application, the respondents/defendants filed a counter affidavit, stating that the averments made by the revision petitioner/plaintiff in the Application for amendment are false, and further, the petitioner has no right to file such Application.

(3.) The trial Court, considering the averments set out both in the affidavit and counter affidavit filed in support of amendment Application, dismissed the Application by holding that the revision petitioner has came forward to file the Application to amend all the entire material facts, pleaded orally in the plaint, viz., to extend the suit properties from 1.21.5 hectares to 0.40.5 hectares, to amend the year of issuance of patta from 1984 to 1974 and the date of taking possession is also sought to be amended from 1986 to 1975.