JOSELIN ISABEL Vs. LALITHA SAROJINI

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of the Order of first Additional Subordinate Judge, Nagercoil made in I. A. No. 178 of 2002 in o. S. No. 107 of 1992, dismissing the Application filed under Order VI Rule 17 c. P. C. The Plaintiff is the Appellant.

(2.) O. S. No. 107 of 1992: - The Plaintiff has filed this suit for Partition and separate possession of her half share in the Plaint schedule Property. Case of the Plaintiff is that the Plaintiff and the First defendant are the Daughters of Jesu Neson Edward, who died on 17. 04. 1982. The plaintiff is entitled to half share in the Plaint Schedule Properties. The plaintiff and the Defendants are in joint possession and enjoyment of the plaint Schedule Properties. The Plaintiff approached the First Defendant for effecting Partition of the Plaint Schedule Properties; but the First Defendant was not amenable for Partition. Hence, the Plaintiff has filed the Suit for partition and Separate Possession of her half share in the Plaint Schedule property.

(3.) THE Amendment Application is resisted by the Defendant contending that the Amendment Application has been filed belatedly. THE settlement Deed referred in the Written Statement executed in favour of the First defendant is genuine and cannot be challenged. According to the Defendant, several paragraphs of the proposed Amendment sought to be introduced in the plaint are nothing but a reproduction of the replication filed by the plaintiff. By the proposed Amendment, the Plaintiff only seeks to fill in the lacuna in her evidence and thereby attempting to neutralise the effect of her admissions in the Cross-examination.