KRISHNAN RAMASAMY
O. P. Ravindran – Appellant
Versus
M. S. Subbaiah – Respondent
ORDER :
Krishnan Ramasamy, J.
1. This Civil Revision Petition has been filed challenging the order dated 12.12.2018 made in I.A. No. 1228 of 2017 in O.S. No. 568 of 2006 on the file of the Additional District Munsif Court, Alandur.
2. I.A. No. 1228 of 2017 was filed by the petitioner/plaintiff for the purpose of amending the plaint. The contention of the Revision Petitioner is that originally in the plaint he has stated that there was an encroachment to the extent of 300 sq. ft. in the suit schedule property. Subsequently, the Court appointed the Advocate Commissioner at plaintiff's request to measure and note down the physical features of the suit schedule property on 17.12.2012. The Advocate Commissioner's report reflects that the entire property of 2400 sq. ft. is under the occupation of the respondent herein. Therefore, he filed the I.A. No. 1228 of 2017 to amend the plaint by incorporating the extent of encroachment as 2400 sq. ft. instead of 300 sq. ft. The Court below after hearing the parties has dismissed the application stating that the suit is pending for defendant's side evidence and allowing the said application will change the nature and character of the suit. Aggrieved
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.