(Revision against the order dated 28.01.2004 made in I.A.No.1860 of 2003 in O.S.No.579 of 1998 on the file of District Munsif Court, Udumalpet.)

Thiru Alankadu Immudi Ahora Dharma Sivachariar Aiyra Vaisya Madam, petitioner herein, filed a suit against the respondent for recovery of possession, damages and mesne profits in the year 1998. Respondent filed a written statement in the year 2000, denying the title of the petitioner. Hence, the petitioner/plaintiff filed an application under Order 6 Rule 17 C.P.C. to amend the plaint, claiming the relief of declaration of title over the suit property as well. The said application was opposed by the respondent/defendant, on the ground that it was barred by limitation, as the application was filed after three years. Accepting the said objection, the trial Court dismissed the application on 28.01.2004. Hence, this revision by the petitioner/plaintiff.

2. According to the learned counsel for the petitioner, delay in filing the application cannot be a ground for rejecting the application at the threshold and the amendment seeking for declaration is quite essential for complete and effective adjudication of dispute between the parties