This civil revision petition arises against the order dated 29.03.2004 in I.A.No.184 of 2004 in O.S.708 of 1998 passed by the I Additional District Munsif, Salem, in having allowed an application for amending the prayer of the suit.

2. Originally, a suit was filed for bare injunction and the plaint was presented on 29.07.1998. The revision petitioners, who were D4 to D8 in the suit, have filed a written statement on 06.09.2000 stating that they have put up construction in the suit property even prior to the filing of the plaint, which was in July 1998. Subsequently, on 29.01.1994, after a lapse of more than three years since filing the written statement, wherein the new averment of having constructed a building in the suit property by the revision petitioners was made, the 1st respondent / plaintiff filed an application seeking amendment of the prayer from bare injunction to mandatory injunction and removal of the construction.

3. Learned counsel for the revision petitioners submitted that inasmuch as D3 had mentioned in the written statement in September 2000 as if the disputed construction had been put up by him even earlier to July 1998, the date of plaint, the plea of