KODANDARAMA GOUNDER Vs. KULLAMMAL AND OTHERS

JUDGEMENT

(1.) This revision is against the order passed by the learned District Munsif, Thiruvannamalai dismissing the petition for amendment of the plaint.

(2.) In the affidavit filed for the said purpose, the petitioner has stated that he has filed the suit for declaration of his title to the suit property and for permanent injunction contending it is a joint family property of the son and grandson. The petitioner has stated in his affidavit that in partition effected between his father and his brothers, his father had been allotted certain properties and he was in possession and enjoyment of the same and on his death, leaving the petitioner his only son as his heir, he has succeeded to the said property. It is also stated by the applicant in his affidavit that from out of the income from the joint family properties, he has purchased several properties of which, the suit property is one and by inadvertence he has not explained in the plaint that there was an ancestral nucleus from and out of the income of which he has purchased the suit property. The petitioner has stated that subsequently his son and grandchildren have filed a suit in Sub Court, Thiruvannamalai, since he has not stated the names of his sons and grand-children in the plaint, it has become necessary for him to amend the plaint and hence he has filed the petition.

(3.) The respondents resisted the same by contending that the plaintiff has executed a settlement deed in favour of the first defendant on 28-11-1986, in which he has stated that the suit property is his self-acquired property and he had purchased the same out of his own funds and the present petition for amending the plaint would change the character of the suit and therefore, it is not to be allowed. It is also contended by the respondents that the suit in the Sub-Court has been filed collusively between the plaintiff and the first defendant and his children and it is not binding on her and therefore the petition is liable to be dismissed.