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1998 Supreme(Mad) 234

P.SATHASIVAM
Kalavathi – Appellant
Versus
Chitra – Respondent


Advocates:
V.Raghavachari, for Petitioner. Mrs.P.Vijayalakshmi, for P.Srinivas, for Respondent.

Judgment :

Aggrieved against the order in I.A.No.2 of 1997 in O.S.No.1434 of 1990 on the file of District Munsif, Dindugul, the plaintiff has filed the present revision. He has filed I.A.No.2 of 1997 for amendment of the plaint. By the impugned order dated 11. 1997, the learned District Munsif dismissed the said petition, against which the petitioner has filed the present revision.

2. Originally the plaintiff has filed O.S.No.1434 of 1990 praying for a decree for permanent injunction restraining the defendant from constructing any lavatory in the suit property. The said suit was filed in the year 1990. It is seen that in the written statement filed by the respondent/defendant on 11. 1996 he has disputed the claim of the plaintiff. In such circumstance, the petitioner herein has filed the present I.A.No.2 of 1997 in the said suit for amendment of the plaint, namely, instead of the prayer for permanent injunction, she sought for the relief of declaration and permanent injunction in respect of the suit property. The said application was filed on 20.12.1996. Since the said application was resisted, I have carefully perused the plaint, present petition for amendment, affidavit the count



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