HEMALATHA Vs. K. H. SRINIVASAN

JUDGEMENT

(1.) Heard Sri.Ajay Kumar, learned Counsel for the appellant.

(2.) Unsuccessful plaintiff is the appellant. Suit for partition was filed by the plaintiff on 26/9/2008. Suit was contested and suit came to be dismissed on the ground that the suit is not maintainable in view of the earlier registered partition deed dtd. 15/12/1994 marked at Ex.P15 was executed and the same was not even challenged in the suit.

(3.) Reiterating the grounds urged in the appeal memorandum, learned counsel for the appellant however contended that an application was filed before the trial court to amend the plaint by incorporating the prayer that registered partition deed was effected on 15/12/1994 by playing fraud on the plaintiff. Said application came to be dismissed and against which the plaintiff had preferred W.P.No.28946/2014 (GM-CPC) and this Court by order dtd. 13/10/2014 has held as under: