KISHAN Vs. MENAKA VINOD RATHOD

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) In a suit for partition in O.S.No.11/2012 on the file of Senior Civil Judge, at Yadgir, the defendant No.3 opposes the claim of the plaintiffs and takes a stand that he is the adopted son of Somala Nayak. In para No.14 of the written statement, the stand is taken stating that the adoption deed is registered before the Sub-Registrar Yadgir. The issues are framed and the trial has commenced. The plaintiffs are examined and defendants have led their evidence. At this stage an application is filed for amendment of written statement. The proposed amendment is extracted as under:-

(3.) From the proposed amendment, it is apparent that instead of registered adoption deed, the defendant No.3 is basing his claim on the basis of registered Will referred in the proposed amendment. The application is opposed by the plaintiff. The Trial Court has allowed the application in part, permitted the amendment relating to the typographical error found in schedule one of the proposed amendment and rejected the 2nd schedule of the proposed amendment. The defendant No.3 is in writ petition.