JUDGMENT (Prayer:Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the fair and final order 26.09.2022 made in IA No.2 of 2022 in OS.No.206 of 2001 on the file of the Additional District Munsif, Gudalur, Nilgris District and thereby allow the Civil Revision Petition.) 1. This petition has been filed to set aside the order passed by the learned Additional District Munsif, Gudalur, Nilgris District in IA.No.2 of 2022 in OS.No.206 of 2001 dated 26.09.2022. 2. When the matter is taken up today for hearing, the learned counsel for the petitioner is present. Notice served to all the respondents. Learned Additional Government Pleader appearing for the sixth respondent is present. No representation for respondents 1 to 5. 3. It is the contention of the learned counsel for the revision petitioner/plaintiff that he filed a suit before the Additional District Munsif Court, Gudalur, The Nilgris. Against the same, the respondents herein/defendants filed a suit in OS.No.206 of 2001 for the relief of recovery of possession and also an injunction in-respect-of A and B schedule property in Survey No. 431/1. He would futher contend that the B schedule property in plaint along with other properties were leased out to the petitioner''s company by way of lease deed. The said lease was for a period of 46 years commenced from 01.01.1931 and ever since the above lease the predecessors in interest of the petitioner''s company namely Tea Estates India Limited have been in absolute possession and enjoyment of the suit property. As the deceased first respondent has attempted to encroach to an extent of 2 acres in Survey No.431/1 as described in A schedule property, the petitioner filed a suit for permanent injunction. 4. As per the order of the court below in IA.No.547 of 2005, the Advocate Commissioner has visited the A schedule property and after inspecting the said property, the Advocate Commissioner has given his report, in which he has mentioned that the defendants/respondents herein have encroached 1.68 acres land in R.S.No.344 of Cherumulli Village. After the submission of commissoner''s report only they came to know about such encroachment. Hence, to that effect, he wants to amend the plaint. Accordingly, the Revision Petitioner has filed IA.No.2 of 2022 before the Trial Court praying to amend the description as well as A schedule property. After the submission of commissoner''s report only they came to know about such encroachment. Hence, to that effect, he wants to amend the plaint. Accordingly, the Revision Petitioner has filed IA.No.2 of 2022 before the Trial Court praying to amend the description as well as A schedule property. Notice was served, but, the respondents have not appeared before the Trial Court. The trial Court dismissed the said IA by stating that the petitioner has not proved the title. 5. Challenging the said impugned order, the present revision petition has been filed by the revision petitioner. 6. The learned counsel for the Revision Petitioner would submit that the trial Court has not assigned any reasons to dismiss the said IA and one word order like cryptic order was passed by the trial court. 7. The learned Additional Government for the sixth respondent would submit that already with regard to entire suit Survey No.431 /1, appeal is pending before the Settlement Officer against the revision petitioner/plaintiff. Though the said fact is admitted by the plaintiff in plaint averments, the Government Pleader has not appeared before the trial court. 8. As per the submissions made by the learned counsel for the petitioner, the Advocate Commissioner visited the disputed property and submitted his report. Based on the Commissioner''s report, they want to amend description of the property with regard to the extent of A schedule property. The said proposed amendment would not cause prejudice to the any of the parties and will not cause any change to the character of the suit. So, the trial judge ought to have applied his mind before passing the order and without assigning any reason the application was dismissed by the trial court which is totally unfair. Hence, the order of the trial court liable to be set aside. 9. Accordingly, the Civil Revision Petition stands allowed and the impugned order in IA No.2 of 2022 in OS.No.206 of 2001 dated 26.09.2022 on the file of the Additional District Munsif, Gudalur, Nilgris District is hereby set aside. Further, the Government Pleader before the trial court is also directed to follow the suit. Consequently, the connected civil miscellaneous petition is closed.