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2014 Supreme(Mad) 4157

K.RAVICHANDRA BAABU
K. Mayakannan – Appellant
Versus
S. Elumalai – Respondent


Advocates Appeared:
For the Petitioners:N. Suresh, Advocate.
For the Respondents:R1, S. Vijayakumar, Advocate, R2, No appearance.

Judgment

The defendants 1 and 2 are the revision petitioners herein. The first respondent as plaintiff filed O.S.No.373 of 2012 on the file of the District Munsif Court, Villupuram, seeking for declaration of his title to the suit property and for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment of the suit property. The plaintiff filed an application under Order 6 Rule 17 CPC for amendment of the plaint only in respect of the description of the property referred to in the plaint schedule. The said application was resisted by the first defendant. The trial Court allowed the application by holding that it is pre-trial amendment and the defendants have not yet filed the written statement. The Court below further observed that granting of an amendment really subserves the ultimate cause of justice and avoids further litigation. Challenging the said order, the present Civil Revision Petition is filed by the petitioners-defendants 1 and 2.

2. Mr.N.Suresh, learned counsel appearing for the petitioners submitted that the admission made by the plaintiff already in the original plaint cannot be permitted to be taken away by allowing









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