1. Aggrieved by the order of the learned District Munsif dated 12.8.2003, made in I.A.No. 681 of 2003 in O.S.No. 124 of 2002, refusing to amend his plaint, the petitioner/plaintiff has filed the present Revision under Article 227 of the Constitution of India.

2. The petitioner/plaintiff filed a civil suit in O.S.No. 124 of 2002 on the file of District Munsif, Koilpatti seeking a declaration that the suit second schedule property which is a path-way is common and for a consequential injunction restraining the respondents from transferring with his right to same as a path-way. The petitioner has also claimed that the suit third schedule property which is a open space was retained in common between them and the respondents and the same has to be used as a common area. According to the petitioner, he is entitled to light and air and to drain water from his house through the suit third schedule property and the channel situate thereon in to the street on the south. The respondents while admitting his right over the suit II schedule however, denied that the suit III schedule was kept as a common path-way. They claimed that the northern half belonged to him and the southern half