KALEESWARAN Vs. UMA

JUDGEMENT

(1.) The revision petitioner is the 10th defendant in O.S. No. 93 of 2007 on the file of the learned Principal District Judge, Villupuram. The respondent is the plaintiff therein. It is a partition suit. The plaintiff claims 6/15th share in the suit schedule property. The revision petitioner purchased item No. 33 of the suit schedule property and hence, he was impleaded as a defendant. The revision petitioner filed a written statement and in para 6 of the written statement, it was pleaded that the Will dated 22.10.2001 was executed by Varadarajalu in favour of defendants 2 and 3 and the revision petitioner purchased the property from defendants 2 and 3.

(2.) According to the revision petitioner, he found that the date of the Will was wrongly mentioned in the written statement as 22.10.2001 instead of 4.4.2002. Hence, he filed an application in I.A. No. 416 of 2014 in O.S. No. 93 of 2007 under Order 6 Rule 17 C.P.C., to amend the date of the Will as 4.4.2002 in the place of 22.10.2001, wherever it occurs.

(3.) But, the Trial Court, by order dated 7.2.2015, rejected the said application. Hence, this revision petition.