Amendments to the plaint should be allowed unless they change the nature of the suit or prejudice the defendants.

JUDGMENT :

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India against the Fair and Decreetal Order dated 05.07.2019 passed in I.A.No.1 of 2019 in O.S.No.32 of 2014 by the learned District Munsif, Ponneri.

1. The present Civil Revision Petition has been filed under Article 227 Constitution of India seeking to set aside the order dated 05.07.2019 passed in I.A.No.1 of 2019, which was filed under Order 6 Rule 17 seeking to amend the plaint in O.S.No.32 of 2014 rasing various grounds.

2. The respondents herein, who are the plaintiffs had filed a suit in O.S.No.32 of 2014 seeking a prayer for declaration of rights and title to the suit property and for consequential relief of permanent injunction. The respondents have also sought for the declaration that the Settlement Deed dated 01.08.2013 executed by the 1st defendant in favour of the 2nd defendant therein in respect of the suit property as null and void and not binding and consequently to grant relief of permanent injunction restraining the defendants 2 and 3 therein from alienating and encumbering the suit property to any one without the knowledge and consent of the plaintiffs in Survey no. 247/4 at Alamathi Village in Ponneri Taluk, Thiruvallur district measuring 20 cents on the south out of 40 cents with specific boundaries and also for other reliefs. Pending suit, the present revision petitioners / defendants filed the written statement as early as 26.03.2014 and I.A.No.1 of 2018 in O.S.No.32 of 2014 was filed by the plaintiffs seeking for amendment of plaint to insert Paragraph No. 22 (a) after Paragraph No.22 in plaint and the same was allowed by a fair and decreetal order dated 05.07.2019 by the learned District Munsif, Ponneri. Challenging the same, the present Revision Petition is filed by the petitioners / defendants.

3. The learned counsel appearing for the petitioners would contend that the amendment sought for by the plaintiffs will change the basic nature of the suit and fundamentally, it would cause civil hardship, as it will amount to permitting the plaintiffs to raise new pleadings

4. The learned counsel for the petitioners would further contend that the order allowing the amendment as against the provision of Order 6 Rule 17 of CPC, cannot be sustained, since no permission or leave was obtained by the plaintiffs to file additional documents, based on which the amendment was sought for.

5. The learned counsel for the petitioners submits that the amendment purported to be brought in will change the entire cause of action for the suit and the amendment ought not to have been allowed by the court below. He would also submit that the issues were already framed in the suit and the same was listed for plaintiffs' side evidence and now, it is posted for trial. The amendment now being sought for in the application, ought not to have been allowed.

6. In contrary, the learned counsel for the respondents would contend that the trial court after hearing both the parties was pleased to allow the application holding that the amendment sought for does not change the nature of the suit and the amendment sought to be made in the plaint is only a additional pleadings to the existing pleadings and by referring to a registered Will of the year 1968, which was in support of the pleadings and no new facts have been brought in to change the nature of the suit, hence pleaded to dismiss the petition.

7. Heard both the learned counsels and perused the materials available on record.

8. The amendment sought for to be introduced immediately after Paragraph No.22 as Paragraph No.22(a) is as follows:

"22-a) The plaintiffs further submit that it is only after suit that too recently the plaintiffs came to know from their relatives that Vaduvambal, who is the paternal grand mother of the plaintiffs even during her life time on 05.02.1968 executed and registered a Will in favour of her son Swamintha Mudaliar, father of the plaintiffs as well as in favour of her daughter