The revision petitioner/plaintiff has filed this civil revision petitioner aggrieved against the order passed in I.A.No.2006 of 2007 in O.S.No.196 of 2000 dated 05.06.2008 by the District Munsif-cum-Judicial Magistrate, Ambattur in dismissing the application for amendment of plaint filed under Order 6 Rule 16 and 17 of Civil Procedure Code.

2. The trial Court has dismissed the I.A.No.2006 of 2007 inter alia observed that when the relief sought for by the revision petitioner/plaintiff is mandatory in nature, she should have filed the amendment application within three years i.e. before 2003 and further that in view of the Advocate Commissioner report filed in the case, the petitioner has full knowledge of the presence of compound wall etc.

3. The learned counsel for the petitioner urges that the trial Court has relied on the decision of the Honble Supreme Court in K.Raheja Constructions Ltd., V. Alliance Ministeries and others 1996 (I) CTC 178, wherein it is held that amendment of plaint after a lapse of period of limitation can be rejected. Further, the trial Court has rested its conclusion also based on the decision of this Court reported in Rameeza Beevi and others