JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order passed in IA.No.414/2018 in OS.No.129/2017 on the file of the learned District Munsif cum Judicial Magistrate, Kodumudi dated 13.12.2018.)

1. The Civil Revision Petition is directed against the order made in IA.No.414/2018 in OS.No.129/2017 on the file of the learned District Munsif-cum-Judicial Magistrate, Kodumudi, allowing the petition for amendment of plaint.

2. The 1st respondent in the present revision petition, as plaintiff, filed the suit in OS.No.129/2017 on the file of the learned District Munsif-cum-Judicial Magistrate, Kodumudi, for declaration of plaintiff’s 1/3rd share in the suit “A” Schedule property and also for a consequential injunction restraining the 1st defendant from interfering with his peaceful possession and to restrain him from closing the common well.

3. An alternative prayer was also made for partition. During the pendency of the suit, the 1st respondent/plaintiff filed an Amendment Application introducing a paragraph by which the plaintiff wanted to plead that the well which was also shown as a property was closed by the 1st defendant on 28.01