1. Plaintiff in O.S. No. 752 of 1997 on the file of the 1st Additional District Munsif Court, Dindigul is the Revision Petitioner. The petitioner filed a petition in I.A. No. 141 of 1999 to amend the plaint. His application was dismissed.

2. Plaintiff filed a suit for recovery of money by sale of the mortgaged property. The mortgage that is sought to be enforced was unregistered and consequently plaintiff could not get a decree, as if there is a valid mortgage. Plaintiff therefore wanted to amend the plaint seeking personal decree against the defendant and making use of the unregistered mortgage deed as an agreement of loan.

3. The lower Court dismissed the application on the ground that it is belated and also on the ground that the nature of the suit is changed.

4. Though notice was served on the respondent and his name printed in the cause list, no attempt was made by him to contest the case. On going through the order passed by the lower court and after hearing counsel for petitioner and perusing the records, I find that the order of the lower Court requires interference. Since the mortgage deed is unregistered, at the most it could be said that plaintiff cannot enfor