VELAMMAL AND ORS Vs. CHOKKIAH GOUNDER

JUDGEMENT

(1.) THE plaintiffs are the petitioners. The suit is by the widow of Velusami Gounder for herself and as next friend of her daughters who are the second and third plaintiffs for past and future maintenance against her husband who was the first defendant. Subsequent to suit the first defendant died leaving behind him the petitioners and two sons and his mother as heirs. The sons and mother are impleaded as defendants 7 to 9. Consequent on the death of the first defendant, the plaintiffs who have a half share in the suit properties filed I. A. 1305 of 1969 for amendment of the plaint in the altered circumstances seeking to claim partition and separate possession of their half share. The application was opposed by the third defendant on the ground that the amendment, if allowed, will change the character of the suit as also the cause of action. The trail court upheld the objection and dismissed the application. The present civil revision petition is filed against the said order.

(2.) THE suit as originally filed was one for maintenance and the cause of action for the suit was the husband's neglect to maintain the plaintiffs. By reason of the plaintiffs has enlarged giving rise to a claim for partition and separate possession of a half share as and from the date of the death of the husband. Ordinarily the decree in a suit should accord with the rights of the parties as they stand at the date of the institution of the suit. But where it is shown that the original relief claimed has by reason of the subsequent change of circumstances become inappropriate or that it is necessary to have a decision of the court on the altered circumstances in order to shorten the litigation or to do complete justice between the parties, it is incumbent upon the court to take note of the altered circumstances which happened subsequent to the filing of the suit. and mould its decree according to the circumstances at the time the decree is made.