P MALLIKA Vs. D K SRIRAMULU DECEASED

JUDGEMENT

(1.) THE plaintiffs in O.S.No.255 of 2002 before the learned District Munsif, Thiruvallur, aggrieved over the order of the said Court in dismissing their application for amendment of the pleadings, have come up with the present civil revision petition.

(2.) THE said suit has been filed by the petitioners herein against the deceased one D.K.Sriramulu and others for permanent injunction restraining them from interfering with their peaceful possession and enjoyment over the suit property. Since the first defendant D.K.Sriramulu died, his legal representatives have been brought on record as D.2, D.3, D.9 and D.10. In the said suit, the petitioners have filed an application in I.A.No.786 of 2009 for amendment of the plaint under Order 6 Rule 17 C.P.C. THE amendment that has been sought for by the petitioners was "directing the defendants 1 to 3 to pay to the plaintiffs unpaid purchase money of Rs.5-1/2 lakhs together with interest at 12% per annum from 26.8.2002 till the date of realisation" or in the alternative "to direct the sale of the suit property through Court".

(3.) ON considering the rival submissions, the application filed by the petitioners for amendment seeking incorporation of the prayer for refund of the money or alternatively sale of the property to them was dismissed. The present civil revision petition is directed against the said order.