Mr. K. Kannan, J.: (Oral) - The revision petition is filed by the defendant who is aggrieved about the order of amendment passed by the trial Court. It was a suit for injunction filed by the plaintiff claiming himself to be the owner and when the defendant was setting up a plea that the property belonged to Ram Sarup, the plaintiff sought to bring an amendment referring to an alleged Will said to have been executed by Ram Sarup in favour of his father. The father is reported to be still alive. The Court has allowed the amendment to take place.

2. I will find the nature of amendment brings the plea regarding the source of title differently than how it was stated in the plaint. It was never the contention in the plaint that the plaintiff’s father was owner of the property under bequest made by Ram Sarup in his favour. When the father is still alive, there is no question of transmission of interest in relation to immovable property to the plaintiff to claim ownership. The counsel says that there are authorities to the effect that at the stage of amendment the Court will not consider the merits. It will not mean that at the stage, the Court will not pronounce on the validity of