AKSHAY KUMAR Vs. BASKARAN AND OTHERS

JUDGEMENT

(1.) Civil Revision Petition is filed against the fair and decreetal order dated 31.10.2014 in I.A.No.91 of 2014 in O.S.No.168 of 2012 on the file of the II Additional District Court, Erode.

(2.) The revision petitioner herein as a plaintiff filed a suit in O.S.No.168 of 2012 for partition and separate possession of 4/7 shares in Item Nos.1 to 6 and 8 to 11 of the suit properties and half share in Item No.7 of the suit properties. The defendants 2 to 4 filed a written statement and contesting the suit. When the matter was posted for arguments, the plaintiff has filed an application in I.A.No.91 of 2014 to reopen the case for the purpose of amend the plaint. The trial Court, after hearing both sides, dismissed the application, against which, the present revision has been preferred by the plaintiff.

(3.) Learned counsel for the revision petitioner/plaintiff submits that the suit properties have been mentioned mistakenly. Due to the mistake committed by the previous counsel, the minor plaintiff's right over the suit properties may not be affected. Hence, the plaintiff sought for amending the plaint by including some items in the suit properties. He further submits that during cross-examination only, the plaintiff came to know that some of the properties belonging to their family have been sold by the first defendant/grand father of the minor plaintiff. That factum was not considered by the trial Court. Therefore, he prayed for allowing the revision.