N V JAYAGOPAL Vs. N V VIJAYAGOPALAN

JUDGEMENT

(1.) THIS revision is directed against the order dated 13th January, 2000 passed by the XXII Addl. City Civil Judge, Bangalore, on I. A. XVII in O. S. No. 5487/1987.

(2.) THE 1st respondent herein has filed application under Order 6 Rule 17 r/w Section 151 CPC to include the suit schedule properties mentioned in the said IA as joint family properties and that all the co-parceners have equal right over the same. Hence, it is necessary to add this properties.

(3.) THE petitioner herein has filed detailed objections to the said IA contending that these two properties mentioned in the IA are self acquired properties of himself and his wife and they are not joint family properties. He has also taken a specific stand that the application filed by the 1st respondent does not disclose the nature of the properties and the extent or boundaries and how they are included as the joint family properties. He further stated that the said application was filed after more than 7years and pressed the same after 13 years. Without taking into consideration the case made out by the petitioner herein, the Trial Court has allowed the ia filed by the 1st respondent holding that the burden is on the 1st respondent to prove and that it is matter of evidence. Feeling aggrieved by the impugned order, the petitioner has filed this revision.