VIJAYAKUMAR Vs. NAINAMMAL AND ORS.

JUDGEMENT

(1.) THE revision petitioner is the second defendant in O.S. No. 216 of 2009 on the file of learned District Munsif, Attur. It is a partition suit filed in the year 2009.

(2.) ACCORDING to the second defendant, he purchased the entire suit schedule property from the husband of the first plaintiff viz., Azhaga Padayachi and the father of the plaintiffs 2 and 3 viz., Thandarayan and the father of plaintiffs 4 and 5 viz., Palanimuthu. It is stated that the said Thandarayan and Palanimuthu are brothers. The purchase took place in the year 1984. He has also stated so in the written statement. Thereafter, the plaintiffs filed I.A. No. 1019 of 2012 in O.S. No. 216 of 2009 to amend the plaint so as to seek the relief of declaration that the sale effected by the said Azhaga Padayachi, Thandarayan and Palanimuthu is null and void. The amendment application was allowed by the Trial Court by order dated 4.7.2015 in I.A. No. 1019 of 2012 in O.S. No. 216 of 2009. The present revision petition is against the aforesaid order.

(3.) I have considered the submissions made by the learned counsel appearing for the second defendant/revision petitioner.