RAMASAMY UDAYAR AND ORS Vs. PRAKASAM ALIAS SATHIASEELAN

JUDGEMENT

(1.) The petitioners who are the defendants in O.S. No. 338 of 1997, challenge the order dated 29.06.2005 made in I.A. No. 890 of 2004, on the file of the learned I Additional Subordinate Judge, Tiruchirapalli. The respondent is the plaintiff.

(2.) The above suit was filed by the respondent in the year 1997, when he was a minor represented by his mother Chandra, for partition. The plaintiff's father was one Muthukrishnan and his paternal grand father was one Ramasamy Udayar. The defendants 1 and 2 are the parents of Muthukrishnan and the third defendant is the first wife of Muthukrishnan and the other defendants are the issues of Muthukrishnan through the third defendant. The plaintiff is the son through the second wife of Muthukrishnan.

(3.) Originally, when the suit was filed, all the items of suit properties were described to be that of ancestral properties of Ramasamy Udayar and partition was claimed on that basis. During the trial, after the examination of the first defendant as D.W.1, the respondent/plaintiff has filed I.A. No. 890 of 2004, for amendment of the plaint. It was resisted by the petitioners/defendants. The learned I Additional Subordinate Judge, has allowed the said I.A. Challenging the said order, this revision has been filed.