SWAMYAMMAL Vs. RAMALINGAM AND ORS.

JUDGEMENT

(1.) THE issue involved in this Civil Revision Petition is as to whether the petitioner/plaintiff's family is entitled to seek the amendment in respect of the shares and amendment of the suit relief in respect of the quantum of shares by virtue of the amendment Act.

(2.) THE petitioner herein filed a suit for partition of 1/15 share and 1/10 share in the suit items 1 and 2 respectively. The shares are so claimed by the plaintiff by treating item No. 1 as the ancestral property and item No. 2 as the self acquired property of the deceased father. The suit was by judgment and decree dated 02.09.2003, dismissed. Aggrieved against the same, the petitioner/plaintiff preferred an appeal in A.S. No. 192 of 2008. Originally, the appeal was filed during 2004 on the file of Sub Court, Namakkal and thereafter, the same was transferred to Sub Court, Rasipuram and renumbered as A.S. No. 192 of 2008.

(3.) THE learned counsel for the petitioner has cited the following two authorities in respect of his case that the amendment can be entertained at any stage before conclusion of final decree proceedings: (i) Prema V. Nanje Gowda and Others reported in : (2011) 6 SCC 462; and (ii) Santhamani V.S. Saradamani and Others reported in : 2013 (2) CTC 641.