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2013 Supreme(Mad) 1853

M.VENUGOPAL
Marakkal – Appellant
Versus
Maran – Respondent


Advocates Appeared:
For the Petitioners:R.T. Doraisamy, Advocate.
For the Respondents: R2 to R4, B. Kumarasamy, R1, No Appearance.

JUDGMENT

1. The Petitioners/Plaintiffs have filed the present Civil Revision Petition as against the order dated 17.03.2011 in I.A.No.321 of 2011 in O.S.No.136 of 2008 passed by the Learned District Munsif, Sathyamangalam.

2. The Learned District Munsif, Sathyamangalam, while passing the order in I.A.No.321 of 2011 in O.S.No.136 of 2008 on 17.03.2011, in paragraph 11, has specifically observed that the relief sought for by the Petitioners (Revision Petitioners/Plaintiffs) is in the nature of changing the cause of action and further, only after framing the additional issues, the Petitioners have averred that they have to amend the Plaint which in effect will create a new cause of action and also that when the suit has been posted for enquiry in regard to the additional issues, the Application filed by the Petitioners is not bona fide and resultantly, dismissed the Application as belated one, without costs.

3. The Learned Counsel for the Revision Petitioners/Plaintiffs submits that in the main suit O.S.No.136 of 2008 filed by the Revision Petitioners/Plaintiffs seeking the relief of permanent injunction against the Respondents/Defendants, arguments have been heard on both sides by the














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