The main legal point established in the judgment is that the Court has the power to allow amendment of pleadings at any stage of proceedings if necessary for determining the real questions of controversy between parties.

1. The above referred civil revision was filed against the order allowing the application in I.A.No.624 of 2007, an application for amendment of the plaint in O.S.No.453 of 2005 dated 20.01.2009 of the learned Additional District Judge (Fast Track Court No.1), Coimbatore.

2. The defendants 2, 4 to 7, 9 and 10 in the above suit are the petitioners and the plaintiff thereon is the 1st respondent and the 11th defendant is the 2nd respondent in this revision.

3. The 1st respondent has filed the said suit for declaration of her title over the suit property and for permanent injunction, restraining the petitioners and the 2nd respondent herein from interfering with her peaceful possession and enjoyment of the suit property. In the said suit, she filed an application in I.A.No.624 of 2007 for amendment of the plaint incorporating a prayer for recovery of possession. The learned trial Judge allowed the said application and as stated already, the present revision is directed against the said order.

4. The reason for filing the said application as set out by the 1st respondent herein in her application for amendment of the plaint is that while filing the suit, at the first instance, she had prayed for relief of permanent injunction stating that her possession is being disturbed by the respondents/the defendants 1 to 10 in the suit and the 2nd respondent herein; that the respondents 1,2,6, and 7/the defendants 1,2,6 and 7 had already filed suit for permanent injunction against her as though she was disturbing their possession; that the interim order granted in their case had been made absolute and hence, she was advised to amend the plaint suitably by seeking relief of possession, for proper and effective adjudication.

5. However, the proposed amendment as set out in the petition under Order 6 Rule 17 C.P.C., is to the following effect:

Para 11 A.The plaintiff humbly states that she has been put in possession of the suit property as per the Will dated 01.02.1998. After the death of plaintiff's husband, the plaintiff is in possession and enjoyment of the suit property. The plaintiff is employed as Principal at Navarasam Arts and Science College for Women, Archalur, Erode District. Taking advantage of her absence, the defendants 1,2,6 and 7 have made unauthorised attempts and trespassed into the suit property. Since the defendants claim that they are in possession, to have proper adjudication, the plaintiff is obliged to seek the relief of possession. Unless the defendants are directed to deliver vacant possession of the suit property, the plaintiff's valuable right will be defeated and she will be put to great hardship.

6. The learned senior counsel appearing for the petitioners submitted that when the reason that has been set out in the affidavit in support of the application for amendment is that in view of the interim order in the other suit filed by them, the necessity has arisen for the 1st respondent herein to file the application for the amendment of plaint seeking relief of recovery of possession, in the proposed amendment, it is stated that the petitioners, taking advantage of her absence, have trespassed the property and hence, the necessity has arisen for the application for amendment of the plaint seeking relief of recovery of possession. Hence, it is contended by the learned senior counsel appearing for the petitioners that when a different stand is taken, the Court below ought to have rejected the application filed by the 1st respondent to amend the plaint incorporating the prayer for recovery of possession.

7. On the other hand, the learned senior counsel appearing for the 1st respondent contended that when an application was filed for amendment of the plaint before trial, a liberal approach has to be made. That apart, he has contended that amendment of pleadings can be permitted at any stage of the proceedings, when it is necessary for the purpose of determining the real question of controversy between the parties