DHANAKOTTI Vs. RANI

JUDGEMENT

(1.) THE defendant in O.S.No.77 of 2007 on the file of the District Munsif Court, Chengalpattu is the revision petitioner.

(2.) THE plaintiffs/ respondents herein filed the suit in O.S.No.77 of 2007 for declaration that the release deed dated 20.3.2006 vide Document No.3005 of 2006 on the file of the Sub Registrar's office, Vembakkam, Chengalpattu is null and void and is not enforceable in law and is not binding on the plaintiffs and for permanent injunction restraining the defendant namely the revision petitioner from alienating those properties mentioned in the schedule. According to the plaintiffs, the schedule mentioned properties are the subject matter of release deed dated 20.3.2006 which was sought to be declared as null and void. After trial, the suit was dismissed and the respondents/ plaintiffs filed an appeal in A.S.No.5 of 2010 and during the pendency of the appeal, the respondents/ plaintiffs filed I.A.No.311 of 2010 under Order 6 Rule 17 of CPC., to amend the plaint schedule stating that certain properties which are not included in the document dated 20.3.2006, are included in the plaint and certain properties which are included in the release deed dated 20.3.2006, are omitted to be included and for that purpose the schedule to the plaint has to be amended and the mistake had happened due to inadvertence and it was not noticed earlier. That application was allowed and aggrieved by the same, this revision is filed.

(3.) ADMITTEDLY, no objection was taken by the revision petitioner in the written statement regarding the properties included in the schedule to the effect that they are not the properties which is the subject matter of the release deed. During the pendency of the first appeal the respondents/ plaintiffs realized that the correct particulars of the property included in the release deed were not stated in the schedule to the plaint and it was a mistake and therefore that was sought to be rectified and filed the application for amendment. The Court below also after referring various Judgements of this Court allowed the application by giving the reasoned order.