This Civil Revision Petition is directed against the dismissal of the interlocutory application filed for amendment of pleadings.
2. The petitioner is the plaintiff. He filed a suit for injunction.
The suit is posted for judgment after completion of trial. At that stage, the interlocutory application for amendment to the schedule to the suit property came to be filed. The amendment sought for is to include the boundaries. The Trial Court has found that inclusion of boundaries will change the nature of the suit. The parties have adduced evidence both oral and documentary, with respect to S.No.3987/2A1. The extent of the property remains the same and amendment as to the boundaries, if allowed, will naturally give rise to confusion.
3. The suit is posted for judgment. The amendment application came to be filed at the stage of arguments, seeking to introduce the boundaries. It is not that the plaintiff/petitioner is not aware of the boundaries of the suit property at the time of filing of the suit. He should have given the boundaries at the initial stage itself. After completion of trial, seeking amendment to include boundaries, will definitely lead to confusion and at times, change the nature of the suit itself, as rightly decided by the Trial Court.
4. In such circumstances, the interlocutory application cannot be maintained and accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, connected civil miscellaneous petition is closed.
13.09.2017 Index : Yes/No Internet : Yes/No TK To The District Munsif Mannargudi.
M.GOVINDARAJ, J.
TK
C.R.P.(PD) NO.2814 OF 2016
13.09.2017