K.K. Sasidharan, J.

1. The order passed by the learned Principal District Judge, Tiruchengode, allowing the application filed by the plaintiff to amend the plaint is challenged in this Civil Revision Petition at the instance of the defendants, primarily on the ground that similar application filed earlier was dismissed as not pressed and as such, a fresh application is barred by the principles of res judicata.

Facts in nutshell:-

2. The guardian of the respondent filed a civil suit in O.S. No. 123 of 2008, before the Principal District Munsif, Tiruchengode, praying for a decree of permanent injunction restraining the petitioners herein from interfering with the peaceful possession and enjoyment of the property. The suit was contested by the petitioners by filing written statement. The application filed by the respondent through guardian to amend the plaint was dismissed as withdrawn. Thereafter, on attaining majority, the respondent filed a fresh application in I.A. No. 1111/2013, praying for an order to amend the plaint for the grant of a decree of declaration. The application was contested by the petitioners.

3. The learned Trial Judge opined that the guardian should have file