M LSRIDHARAN Vs. M LNARASIMHASWAMY

JUDGEMENT

(1.) This revision petition is directed against the order made by the District Judge of Mysore on I. A. No. 3 in a partition suit brought by the respondent against the other members of the family. Defendants 2, 3 and 4 made an application I. A. 3 in that suit that three more properties should also be made the subject-matter of partition and that two more persons should be added as defendants. The Court below refused that application and it is against that order that the petitioners complain.

(2.) On behalf of the plaintiff who opposed that application, it was argued by Mr. Venkateshamurthy that the plaintiff could not be compelled to convert his suit for partition of only some properties into a suit for a fuller partition or to add parties whom he did not desire.

(3.) Mr. Narayana Rao, on behalf of the petitioners, contended that in a partition suit a defendant was entitled to ask for a larger partition and for the addition of parties in whose presence it should be made.