The revision petitioner/respondent/defendant has filed this present civil revision petition as against the order dated 16. 2008 in I.A.No.43 of 2008 in O.S.No.161 of 2006 passed by the learned Subordinate Judge, Tiruvallur in allowing the application filed by the respondent/petitioner/plaintiff under Order 6 Rule 17 of Civil Procedure Code praying to amend the plaint.

2. The trial Court, while passing orders in I.A.No.43 of 2008 in O.S.No.161 of 2006, has inter alia opined that by allowing the amendment, the cause of action will not change and also filing of the new suit can be prevented and has resultantly allowed the said application.

3. The learned counsel for the revision petitioner/respondent/defendant urges before this Court that the order of the trial Court passed in I.A.No.43 of 2008 in O.S.No.161 of 2006 in allowing the amendment as prayed for by the respondent/petitioner/plaintiff is not correct in law and while allowing the said application, the trial Court has exceeded its jurisdiction and further that the trial Court has not taken into account of the fact that the proposed amendment will change the nature and character of the original cause of action of t