M. S. RUKMINI Vs. M. SORNALATHA

JUDGEMENT

(1.) THIS Civil Revision Petition is filed challenging the Order dated 17.9.2014 in I.A. No.16838 of 2013 in O.S. No.6220 of 2011 on the file of VI Assistant City Civil Court, Chennai, in allowing the Application filed by the Respondents under Order 6, Rule 17, CPC to amend the Plaint.

(2.) THE Revision Petitioners herein are the Defendants in the said Suit filed for Partition. Pending Suit, the Respondents herein (Plaintiffs) filed the said Application for amendment of the Plaint seeking to include some more items in the Suit Schedule properties by contending that they were not aware of all the ancestral properties belonging to the family or about their actual location and their erstwhile Counsel was not acting in their interest and pressurized them for settling the matter. The said Application was resisted by the Defendants. The Court below allowed the Application by holding that in a Suit for Partition, all the properties are to be included and therefore, the amendment neither changes the cause of action nor the character of the Suit in any manner. The Application was in fact allowed on payment of costs of Rs. 750/ - to the Defendants.

(3.) LEARNED Counsel appearing for the Petitioners/Defendants submitted that no due diligence is shown by the Plaintiffs in seeking the amendment of the Plaint.