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T. V. THAMILSELVI
Mohan – Appellant
Versus
Bhavani – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India against the fair and decretal order dated 29.11.2022 made in I.A.No.1 of 2022 in I.A.No.521 of 2018 in O.S.No.82 of 2012 on the file of the District Munsif Court, Gudiyattam.)
1. This Civil Revision Petition has been filed against the impugned order dated 29.11.2022 passed by the District Munsif Court, Gudiyattam in I.A.No.1 of 2022 in I.A.No.521 of 2018 in O.S.No.82 of 2012.
2. The petitioners are the defendants in O.S.No.82 of 2012. Originally, the suit in O.S.No.82 of 2012 was filed by the respondent for permanent injunction in the year 2012. On 15.06.2012, Written Statement was filed by the petitioners/defendants. An Advocate Commissioner was appointed and a Report was filed.
3. After 6 years, the respondent/plaintiff has filed I.A.No.521 of 2018 to amend the prayer by including the relief for declaration and for recovery of possession based on the Advocate Commissioner''s Report. The said I.A was strongly opposed by the petitioners/defendants stating that the proposed amendment ought to have been taken on record much earlier and therefore, the proposed amendment cannot be permitted. The said
Amendments to the plaint should be allowed unless they change the nature of the suit or prejudice the defendants.
Settlement in underlying suit renders revision petition moot, warranting closure.
As per Order 6 Rule 17 of CPC, the Court is empowered to allow either party to alter or amend his pleadings, at any stage of proceedings and such amendment shall be made for purpose of determining th....
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