VADIVEL Vs. SAROJA

JUDGEMENT

(1.) The plaintiffs filed a petition seeking amendment of the plaint with respect to the extent of the property and also the share claimed by the plaintiffs with respect to item 5 of the plaint schedule at the stage when the final decree application is pending disposal. The Trial Court allowed the amendment petition as prayed for by the plaintiffs. The defendants have challenged the said order.

(2.) The plaintiffs have contended that the second plaintiff, who is the daughter of the deceased first plaintiff, being a member of the family, by mistake mentioned 1.25 acres instead of 2.50 acres in item 5 of the plaint schedule. Therefore, the plaintiffs have sought for amendment of the plaint.

(3.) The defendants have contended that no leniency could be accorded to the family member. The mistake crept in the schedule of property is deliberate. It is also contended that the proposed amendment would change the total extent of the property and would also deprive the rights of the defendants.