The main legal point established in the judgment is the liberal approach to amendment of pleadings under Order 6 Rule 17 of the Code of Civil Procedure, emphasizing the need to avoid multiplicity of proceedings and considering the interest of justice in allowing necessary amendments.

(PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India praying to set aside the order dated 25.9.2003 made in I.A.No.1267 of 2003 in O.S.No.234 of 1997 on the file of District Munsif's Court, Dharapuram)

Aggrieved by the order of the trial Court dated 25.9.2003 made in I.A.No.1267 of 2003 in O.S.No.234 of 1997 non-suiting the petitioner for the relief of reopening the case to enable her to file additional written statement claiming the relief of declaration to declare her also as one of the wedded wife of the deceased Bala Dhandapani, the present civil revision petition is filed.

2. The facts giving rise for filing the present revision are as follows:

The respondents herein as plaintiffs filed the suit in O.S.No.234 of 1997 on the file of the District Munsif's Court, Dharapuram for declaration declaring the first respondent as the wife and respondents No.2 to 4 as the children of the deceased Bala Dhandapani. The petitioner herein filed a written statement defendant the suit. By filing the present application in I.A.No.1267 of 2003, the petitioner sought permission of the Court to file an additional written statement for declaring the petitioner also as the legally wedded wife of the deceased Bala Dhandapani by offering to pay necessary court fees.

3. The said application has been rejected by the trial Court on the premise that the suit has already been listed for trial and evidence on behalf of the plaintiff has been examined and at a belated stage the application of the petitioner cannot be allowed and the same is filed only to protract the proceedings. The correctness of the said order is now put in issue in this revision.

4. Learned counsel appearing for the respondents very strenuously contended that the order of the trial Court cannot be regarded as an illegal. As the trial of the suit has already been commenced, the pleadings cannot be allowed to be amended. Earlier two applications filed by the petitioner for re-opening the case and recalling the witnesses have also been dismissed and thus strenuously contended that the stage of the suit has reached almost finality. In such circumstances, the amendment sought for by way of filing an additional written statement cannot at all be allowed. On that ground, the order of the trial Court needs no interference by this Court.

5. To sustain the said argument, the learned counsel for the respondents relied on a decision of this Court in the case of S.AHMED MEERA VS. S.KUMARASWAMY reported in 2006(1) CTC 55 and that of the Supreme Court in the case of BALDEV SINGH VS. MANOHAR SINGH reported in AIR 2006 SC 2832.

6. I heard the argument of the learned counsel on either side and perused the material on record.

7. The respondents herein filed a suit for declaration to declare the first respondents as wife and respondents 2 to 4 as legal children of the deceased Bala Dhandapani and as such they are the legal representatives of the Deceased Bala Dhandapani who was working in the I.O.C.L. The petitioner herein filed another suit in O.S.No.138 of 1998 for an injunction by impleading the respondents herein along with I.O.C.L. restricting the disbursement of the death-cum-retirement benefits of the deceased Bala Dhandapani, as she was also claiming herself as wife of the deceased Bala Dhandapani, of course, that is an injunction suit only.

8. The trial Court has recorded a statement that earlier two applications filed by the petitioner for reopening and recalling have been rejected. But what is the reason for filing such applications is not available on record. Of course the disposal of those applications cannot be regarded as germane to decide the issue involved in this revision. In this case, a rustic villager, who is solely depending upon the advice of her advocate, has filed the present application seeking to reopen the case to file additional written statement to declare the petitioner also as a legally wedded wife of the deceased Bala Dhandapani