9911796707
TMI Blog1996 (10) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... njoyment of the suit property situate at Perumbakkam village in Survey No. 129/2A of an extent of 2.55 acres. The case of the plaintiff is that the property bearing Survey No. 129/2 of an extent of 5.09 acres in the said village belonged to one Natesan and his brother Oomayan, both sons of one Mottayan. After the death of Oomayan, his two sons, Saman and Subramani sold their half share in the said property to the plaintiff's father Perumal by a sale deed dated 2.7.1972. They claimed that they are the owners of the suit property by virtue of a sale deed dated 2.7.1972. The defendant in her written statement traced the title of the suit property and contended that one Karuppayee was the owner of 5.09 acres in the survey No. 129/2, and Nat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of 1.27 1/2 acres. After tracing title to the suit property, the plaintiff sought to restrict the relief claimed in the suit property only in respect of the eastern portion of the suit property of an extent of 1.27 1/2 acres and correspondingly, sought the amendment of the plaint. 4. The defendant has raised objections contending that by the amendment sought to be made, the plaintiff is introducing a totally different new case. 5. The trial Judge took note of the facts that the suit was instituted on 3.6.1987 and the written statement was filed on 9.3.1988 and the plaintiff was examined on 21.3.1995 and certain documents were filed and the plaintiffs evidence was closed on 22.8.1995 and when the case was posted for defendant's ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty. Hence, he contended that the trial Court has exercised the jurisdiction properly in rejecting the application for amendment of the plaint. 9. I have carefully considered the contentions raised on behalf of the petitioner and the respondent. The law is well-settled as regards the scope of the powers of the Court to order amendment of the plaint. In Vellai Ammal and Ors. v. Chinnammal and Ors., 1994 (I) MLJ 98, this Court has taken the view that the relief of amendment of the pleadings cannot be denied mainly because of some mistakes, negligence, inadvertence or infraction of rules or procedure. This Court has also taken the view that however late the proposed amendment, may be the amendment may be allowed, if it can be done witho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tue of the amendment, the nature of the suit and the cause of action would be completely altered and hence, the amendment should be rejected. The lower Court also held that there is a delay on the part of the plaintiff in seeking the prayer for amendment of the plaint. It is not clear how the nature of the suit is altered by virtue of the proposed amendment. The plaintiff has filed a suit for declaration and for permanent injunction restraining the defendant from interfering with the plaintiffs possession and enjoyment of the property situate in survey No. 129/2A in Perumbakkam village of an extent of 2.55 acres. The plaintiff, by virtue of the amendment, has not changed the nature of the suit at all. The plaint continues to be one for decl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be held that the plaintiff is introducing a new cause of action or changing the cause of action or the plaintiff is claiming title to the suit property by virtue of some other source of title. There is neither a change of cause of action nor a change in the nature of the suit. The other reason that has been given by the learned Judge is that there is a delay in filing the application for amendment. This Court in the above two decisions (cited supra) has taken the view that when no new cause of action is introduced, amendment cannot be disallowed on the ground that there is a delay in filing an application for amendment of the plaint. The plaintiff, by virtue of the amendment, is claiming title to the suit property, albeit, to a lesser exte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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