M MURUGAN Vs. L A MUTHU

JUDGEMENT

(1.) The above civil revision petition has been filed against the fair and decreetal order dated 10.12.2003 and made in I.A.No.759 of 2003 in O.S.No.547 of 1998 on the file of the Court of Principal Subordinate Judge, Salem thereby dismissing the said Interlocutory Application filed by the plaintiff seeking to amend the plaint regarding certain new facts that have been brought forth in the circumstances of the case.

(2.) Aggrieved, the petitioner/ plaintiff before the lower Court has come forward to file this civil revision petition on certain grounds as brought forth in the grounds of revision.

(3.) Today, when the above civil revision petition was taken up for consideration in the presence of the learned counsel for both, what comes to be known is that it is the plaintiff who filed the interlocutory petition before the lower Court seeking to amend the plaint suitably on ground that since the suit is for partition and separate possession of the family properties, pending disposal of the same, his mother passed away, leaving 150 sovereigns of jewels which according to the petitioner/plaintiff had been purchased by his father in the name of the mother during her life time which should also be treated as family property and that without notice to the petitioner, the defendants have not only appropriated the jewels shown as item 8 of the suit schedule, but also selling the same have purchased the immovable properties mentioned in item 7 of the suit schedule properties and, therefore, the plaint has to be suitably amended to include those items also for proper relief to be obtained in the suit, the interlocutory application has been filed and the same has not been properly considered so as to dismiss the same by the lower Court.