S. SARAVANA KUMAR Vs. M. SUBBAIYAN AND ORS.

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of the order dated 15.04.2014 passed in I.A. No. 729 of 2014 in O.S. No. 239 of 2013 by the learned II Additional District Judge, Tiruppur.

(2.) THE respondents herein, who are father and sister of the petitioner herein had instituted the suit against the petitioner for partition claiming 1/3rd share each in the suit property and to declare that the release deed of the petitioner/defendant is not binding on the plaintiffs. The suit was resisted by the defendant by filing a written statement. The defendant filed an application in I.A. No. 654 of 2014 for amendment as follows:

(3.) THEREUPON , the petitioner/defendant filed an application in I.A. No. 729 of 2014 under Order XVIII Rule 17 read with Section 151 of the Civil Procedure Code to recall D.W.1 for further chief examination by filing additional affidavit. The petitioner has averred in the affidavit filed in support of the application that due to typographical error and oversight, the year was wrongly mentioned as "2013" instead of "2011" and the application filed for amendment was allowed vide order dated 07.04.2014 and to clarify the ambiguity in the evidence, he want to give further evidence as D.W.1. The application was resisted by the plaintiffs stating that the proposed pleadings are mutually destructive and they are contradicting each other and on the basis of the commencement of trial, valuable rights have been accrued to them and by allowing the proposed amendment, serious prejudice would be caused to them and would also alter the basic structure of the said proceedings. The application was dismissed by the Trial Court on 15.04.2014. Challenging the same, the present Civil Revision Petition is filed.