KALPAKAMANT Vs. SHAJATHAN

JUDGEMENT

(1.) Petitioner is the plaintiff, who instituted the suit for partition claiming one third right over the plaint schedule item. Subsequently after the examination of two witnesses on his side and when the matter was posted for further evidence he sought to amend the plaint seeking to incorporate a prayer for recovery of the property claiming absolute right over the plaint schedule item as per I.A. No. 1302/2002. The Subordinate Judge, Palakkad by his order dated 24th July 2002 dismissed the petition after recording the reason as follows: --

(2.) Aggrieved thereby the petitioner preferred this Civil Revision Petition under S.115 of the Code of Civil Procedure. When the matter came up before the learned single Judge of this court the question of maintainability of the revision was raised. The learned single Judge referred the matter to the Division Bench having due regard to the importance of the question raised.

(3.) The main question that arises for consideration is as to whether an order passed at the interlocutory stage of the proceedings pending in a suit dismissing the application filed seeking amendment could be challenged under S.115 of the Code Civil Procedure invoking the revisional jurisdiction of this court.