SUBHASH MAHADEVAPPA Vs. MADAN KRISHNA KHANAPUR

JUDGEMENT

(1.) HEARD.

(2.) THIS revision by defendant No. 3 in o. S. No. 63/95 is directed against the order dated 21st of July, 1998 made by the trial court on 1. A. No. 4 filed under Order 6, Rule 17 C. P. C. rejecting the same.

(3.) THE said suit was filed by the respondents for declaration and pqssession of the suit property. The plaintiff's suit was contested by the petitioner on the ground that the suit property was the joint family property. Indisputably, the parties are related to each other and they are the descendents of one late Mahadevappa. Plaintiffs contention in the plaint was that the suit property is his self-acquired property. Evidence of the parties has not yet commenced in the suit. The issues are stated to have been framed by the trial Court. 1. A. No. 4 was made by the petitioner praying for permission to carry out amendment in the written statement to the effect that he is entitled to a share in the suit property as co-owner thereof, the said property being the Joint family property of the parties and, therefore, his claim to the decree for partition and separate allocation of half share by metes and bounds. That application of petitioner was rejected by the trial Court on the ground that his claim sought to be introduced in the written statement by way of amendment is a counter-claim which is not permissible in law and that there was no cause of action for the same.