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J. SATHYA NARAYANA PRASAD
Khader Khan – Appellant
Versus
Anwar Batcha – Respondent
JUDGMENT
(Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India praying to set aside the order and decree dated 26.04.2016 passed in I.A.No.179 of 2014 in O.S.No.89 of 2010 by the District Munsif, Palladam.)
1. This Civil Revision Petition has been filed by the petitioner challenging the order passed by the learned District Munsif, Palladam in I.A.No.179 of 2014 in O.S.No.89 of 2010 dated 26.04.2016, dismissing the Interlocutory Application filed by him.
2. Heard the learned counsel for the petitioner and perused the materials placed before this Court. None appeared on behalf of the respondents.
3. The plaintiff in the suit is the petitioner herein. The petitioner/plaintiff has filed the suit in O.S.No.89 of 2010 before the District Munsif Court, Palladam, for the following reliefs:
(a) Permanent injunction restraining the defendants 1 & 2 and their men, servants, agents, from in any way and any manner, interfering with the peaceful possession and enjoyment and attempting to trespass into the suit property and cause disturbance to the plaintiff's possession and enjoyment of the suit property and not to evict the plaintiff except under due proce
Amendment of the plaint after a significant delay and after the commencement of trial, which would change the nature of the suit, is not permissible.
Amendments to pleadings after trial commencement are disallowed unless due diligence is proven by the petitioners.
Amendments to pleadings must not alter the nature of the suit and must be sought with due diligence, particularly before trial commencement; claims based on adverse possession are limited to a 12-yea....
The Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
All necessary amendments for determining the real questions in controversy should be allowed, provided it does not cause injustice or prejudice to the other side. Delay alone cannot be a ground to di....
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