GIRISH Vs. JANAKI

JUDGEMENT

(1.) Ext. P3 order is under challenge. An application was filed by the 8th defendant to amend the written statement. Petition is for partition of the properties shown in the plaint. The property originally belonged to one Nanu. He had two daughters namely; Devaki and Janaki through his wife Kurumbakutty. Janaki is the first plaintiff. The 2nd plaintiff is the son of Devaki. After the death of Kurumbakutty, Nanu married one Paru, the sister of Kurumbakutty mentioned above. Velayudhan is the son born to Nanu through Paru mentioned above. The 8th defendant is the wife of Velayudhan. Nanu had executed a Will in 1971 be questing the properties which belonged to him. Subsequently, a settlement deed was executed by Nanu as per document No. 1508/1972.

(2.) Ext. P2 is the written statement filed by the 8th defendant who is the petitioner herein. The execution of the registered Will 14/1971 dated 28/04/1971 was admitted by the petitioner. Nanu died on 21/05/1974. It was further admitted by the petitioner in that written statement that during the life time of Nanu he had also executed settlement deed No. 1508 of 1972. Thus, it was contended that excluding the properties covered by the settlement deed, the other properties shown in the registered Will were left behind by deceased Nanu. It was in that line, the claim for partition was made.

(3.) Ext. P12 is the affidavit filed in support of the amendment petition filed by the petitioner. The Learned Sub Judge dismissed the application for amendment holding that in the original pleading, the petitioner had admitted the execution and genuineness of the settlement deed registered as document No. 1508 of 1972 and that now she wants to resile from that admission. Holding that the purpose of amendment is to take away the admission made by her in the written statement, the Court below dismissed the petition.