D.LALITHA Vs. RANGASAN

JUDGEMENT

(1.) THE above Civil Revision Petition is filed against an order made in I.A.No. 12 of 2010 in A.S.No.22 of 2009 dated 8.9.2010 rejecting the said application seeking for amendment of the plaint.

(2.) THE petitioners as the plaintiffs filed O.S.No. 65 of 2007 on the file of Sub-Court, Cheyyar against the first respondent herein for partition. The petitioners are sisters and the first respondent is their brother. The second and third respondents are official respondents who have been arrayed as formal parties. The plaintiffs pleaded that the suit properties consisting of three items belonged to their mother by name Kannammal, who died 15 years ago leaving behind the plaintiffs and the first defendant as her legal heirs . Therefore, they sought for partition by claiming 1/4th share each in the suit properties. They also specifically pleaded that insofar as the properties that stood in the name of their father by name Appu Naidu are concerned, they were not seeking any share in those properties and they had given up their rights over the said properties left by their late father in favour of the first respondent.

(3.) THE trial court after considering the respective pleadings of the parties and the evidence let in by both sides, dismissed the suit on 31.8.2009. Aggrieved against the same, the plaintiffs / petitioners herein filed first appal in A.S.No.22 of 2009 on the file of the District Court, Thiruvannamalai. During the pendency of the first appeal, the first petitioner herein filed I.A.No. 12 of 2010 seeking for amendment of the plaint under Order 6 Rule 17 CPC.