YASHODHARA Vs. H C KRISHNACHAR

JUDGEMENT

(1.) This writ petition is filed by the petitioners - legal representatives of the defendant Nos.1 and 2 against the order dated 10.6.2016 made in O.S.No.326/2003 passed by the Additional Civil Judge (Jr.Dvn.) at Mandya, allowing the application for amendment of the plaint of Item No.3 of the schedule as Sy.No.67/1 instead of Sy.Nos.671/1 and 57/1 as mentioned in the plaint.

(2.) The first respondent who is the plaintiff before the trial Court filed the suit for partition and separate possession in respect of suit schedule properties morefully described in the schedule to the plaint (four items) contending that the suit schedule propertie are the joint family properties of the plaintiff and defendants and that there was no partition. The defendants have filed the written statement contending that the suit is not maintanable. Hence, sought for dismissal of the suit.

(3.) After completion of the arguments, when the matter was posted for judgment on 23.4.2016, the learned Judge has observed that on perusal of the record it shows that there was some clerical mistake in the plaint. Hence, plaintiff was directed to take necessary steps to clarify the same. In order to clarify the same, learned counsel for the plaintiff has filed application under Order VI Rule 17 to permit the plaintiff to amend the plaint of Item No.3 of the schedule as Sy.No.67/1 instead of Sy.Nos.671/1 and 57/1 as mentioned in the plaint and has contended that the said mistake occurred due to typographical error. Therefore, sought for amendment of the plaint. The said application was resisted by the defendants.