SOLAVAIAMMAL Vs. EZHUMALAI GOUNDAR

JUDGEMENT

(1.) The question raised in this civil revision petition is as to whether under Order 6, Rule 17 of the Civil Procedure Code, amendment of the plaint in a partition suit can be allowed at the instance of the defendants?

(2.) The said question has been referred to for a decision by the Division Bench by The Hon'ble Mr. Justice M. Duraiswamy vide order dated 16.3.2011 and the reference necessitated in view of the conflicting views given by two learned Judges of this Court in the decisions in Ramasamy and another v. P. Marappan and others,2005 3 MadLJ 663 and in A.A. Ganga and another v. A.R. Usha and others, 2010 4 CTC 331.

(3.) In a suit for partition filed by the plaintiffs in O.S.No.31 of 2007 on the file of the Subordinate Court, Madurantagam, the defendants, namely the revision petitioners, filed I.A.No.264 of 2009 under Order 6, Rule 17 of the Civil Procedure Code seeking for amendment of the plaint on the ground that some of the joint family properties were left out by the plaintiffs for partition. After hearing both sides, the learned trial Judge dismissed the application holding that the defendants cannot seek for amendment of the plaint. The said order is put in issue in this civil revision petition.