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1988 Supreme(Mad) 43

SIVASUBRAMANIAM
Natesan – Appellant
Versus
Govindasami – Respondent


ORDER

Sivasubramaniam, J.

1. By concent of parties, the civil revision petition itself is taken up for final disposal.

2. This revision petition is directed against the order passed in IA. 840 of 1987 in O.S. No. 2 of 1985 on the file of the District Munsif's Court, Ariyalur. The petitioners herein filed the suit in O.S. No. 2 of 1988 for declaration of their title and for consequential relief of injunction. The suit was resisted by the defendants-respondents contending that they are in possession of the property and they have prescribed title to the suit property by adverse possession. It appears that after the suit was taken up for trial, the plaintiffs came forward with the petition in I.A. No. 840 of 1987 under Order 6, Rule 17, Civil Procedure Code to amend the plaint seeking the relief of possession in the place of the relief of injunction. It was resisted by the defendants on the ground that the application is belated and there is absolutely no bona fides in the application.

3. Accepting the contentions of the respondents, the learned District Munsif dismissed the petition holding that the amendment cannot be allowed after evidence has been let in. It is against this order, the

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