NATARAJAN Vs. GOPAL

JUDGEMENT

(1.) These two revision petitions are at the instance of the 2nd defendant in O.S.No.47 of 2005 and the challenge is to the orders dismissing the applications for impleading and amendment to the plaint. Brief facts: -

(2.) The first respondent filed a suit in O.S.No.47 of 2005 before the Sub Court, Triupattur, praying for a decree directing partition of the suit property into 16 shares and allotment of 5 such shares to him. The suit was opposed by the petitioner by filing written statement. As against the case of the 1st respondent that the properties are ancestral joint family properties, and it was acquired by joint family nucleus, the petitioner contended that in the oral partition that took place in the year 1980, the properties were divided between Chinnaraji and his children and that there was no joint family or joint family properties thereafter. The petitioner also indicated that in case there was a joint family nucleus, then the properties purchased in the name of respondents 1 and 2 should also be included as items for partition.

(3.) The suit was taken up for trial and after completion of cross examination of witnesses on the side of 1st respondent, the petitioner filed an application in I.A.No.114 of 2010 to implead respondents 4 and 5 and I.A.No.115 of 2010 to include the properties in the name of respondents 4 and 5, in the schedule to the plaint.