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2002 Supreme(Mad) 167

M.KARPAGAVINAYAGAM
R. Mohanasundaram and another – Appellant
Versus
Sri Anjaneya Sri Ragavendra Temple represented by its Managing Trustee T. V. Ragothaman and others – Respondent


Advocates:
P.Valliappan, for M/s.Sarvabhuman Associates, for Petitioners.
M.M.Sundaresh, for Respondents.

ORDER: The petitioners are the defendants.

2. The respondents/ plaintiffs filed a suit in O.S.No.419 of 1995 for permanent injunction and mandatory injunction against the petitioners/ defendants. The original survey number for the suit property was 231-B of Vriapalayam Village. After examination of D.W.1 on the side of the defendants, the respondents/ plaintiffs filed an application on 9.3.1999 seeking for amendment of the plaint stating that the original survey number 231-B has been resurveyed as 128/3 and the suit property has been included in S.F.No.231A and therefore, the same has to be amended suitably.

3. This was opposed to by the petitioners/ defendants on the ground that the application for amendment of suit property would change the entire character of the suit and the application for amendment has been filed to fill up the lacuna found in the case of the plaintiffs.

4. The trial Court upheld the contention of the respondents/ plaintiffs and allowed the said application. Hence, this civil revision petition by the petitioners/ defendants.

5. I heard the learned counsel for the parties.

6. It is settled law that the amendment can be made at any stage when there is no new cause o













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