VIJAYA LAKSHMI Vs. NARAYANA SWAMY

JUDGEMENT

(1.) This petition is filed seeking for the following reliefs:

(2.) Heard.

(3.) Sri.Suresh S., learned counsel appearing for the petitioners submits that the petitioners have filed a suit for partition and separate possession. In the said suit, the issues were framed. Thereafter, the petitioners filed an application seeking for amendment of the plaint to incorporate some typographical error crept in the suit schedule and also to bring certain facts with regard to the partition effected on 3/5/1948. It is submitted that the petitioners came to know that item Nos.1 and 2 properties were the subject matter of the said deed and had been alienated without their knowledge in favour of the defendant Nos.7 to 10. Hence, they proposed to seek additional prayer to declare the sale deed dtd. 6/10/1995 as not binding. The Trial Court, without considering any of these aspects recorded a finding that the petitioners did not show due diligence in the matter and no reasonable grounds were made out and rejected the application. It is submitted that the proposed amendment would neither change the nature of the suit nor would it cause any prejudice to the other side. Hence, it may be allowed so that there will be complete adjudication of the dispute between the parties as the suit is for partition and separate possession.