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2008 DIGILAW 4544 (MAD)

M. Jagannathan v. Manoharan & Others

2008-12-05

M.VENUGOPAL

body2008
Judgment : 1. The Civil Revision Petitioner/plaintiff has preferred this Civil Revision Petition as against the order dated 09.04.2008 in I.A.No.1524 of 2007 in O.S.No.71 of 2000 passed by the District Munsif, Tiruchengodu in dismissing the amendment application filed by the revision petitioner/plaintiff under Order 6 Rule 17 of Civil Procedure Code in respect of the proposed amendment Nos. 2 and 3. 2. The trial Court while passing orders in I.A.No.1524 of 2007, out of the three amendments sought for by the revision petitioner/plaintiff has allowed the first prayer of the amendment sought for in the petition in regard to the amendment of the name of the plaintiff, but has dismissed the prayer in respect of amendment Nos. 2 and 3 on the ground that the said amendments will change the nature of the suit and create a new cause of action and therefore the same are inadmissible in law and has resultantly dismissed the application in that regard. 3. The learned counsel for the revision petitioner/plaintiff today informs this Court that a comprehensive amendment application has been filed by the revision petitioner/plaintiff before the trial Court on 210. 2008 and the same has not been numbered. In view of the fact that the Civil Revision Petitioner/plaintiff has filed a comprehensive amendment application before the trial Court on 210. 2008, this Court is of the considered view that no further orders are necessary in the Civil Revision Petition and in that view of the matter, the Civil Revision Petition is dismissed by this Court without expressing any merits on the same. 4. In the result, the Civil Revision Petition is dismissed. The trial Court is directed to deal with the comprehensive amendment application filed by the revision petitioner/petitioner/ plaintiff after numbering on merits and after providing due opportunity to other side and to dispose of the same in the manner known to law. Further, the trial Court shall dispose of the said comprehensive amendment application dispassionately, uninfluenced with any of the observations made by this Court in this Revision Petition. Consequently, connected Miscellaneous Petition is closed. However, there will be no orders as to costs.