SARASWATHY BUS SERVICE Vs. MINOR M CIBIRAJ

JUDGEMENT

(1.) THESE revision petitions are filed under Article 227 of the Constitution of India against the order of the learned Fast Track Court Judge dated 19. 01. 2006 made in I. A. Nos. 1367 and 1940 of 2005 respectively in O. S. No. 13 of 2004.

(2.) THE revision petitioner being the Managing Partner of M/s. Saraswathi Bus Service, Erode, is claiming to be purchaser of the bus bearing Registration No. TN. 28. C. 4488 running between Mohanur to Poolampatty route along with its permit from the second defendant in the suit. The suit which was filed originally in Sub-court, Sankari as O. S. No. 312 of 1995, which was subsequently transferred to the Fast Track Court, Salem and re-numbered as O. S. No. 13 of 2004, was filed by one Minor Cibiraj, represented through his mother and next friend Jayanthi, who is also the second plaintiff, for partition and allotment of 3/8th share including the division of 3/8th share in the bus service, lorries, spare bus, cars, etc. The first defendant in the said suit, viz. , Marimuthu, who died on 03. 10. 2005, is the husband of the second plaintiff Jayanthi and father of the first plaintiff Minor Cibiraj. The second defendant in the suit, viz. , Saraswathi, who also died on 24. 02. 2004, is the mother of the first defendant Marimuthu and mother-in-law of the second plaintiff. That apart there are other defendants. The suit properties consist of many items comprised in A, B, C, and D Schedules. In the "d" Schedule, first item of property is the bus having registration No. TN. 28. C. 4488, running between Mohanur to Poolampatty. The route permit stood transferred in the name of transferee and in spite of the same, the purchaser was not made as a party to the suit.

(3.) THE plaintiffs filed I. A. Nos. 1367 and 1940 of 2005 under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure (in short "cpc") respectively for amendment of the plaint, which were allowed by the trial Court, against which, the revision petitioner, being the purchaser of the bus bearing registration No. TN. 28. C. 4488, has filed the above revision petitions. The revision petitioner has clearly restricted his claim in respect of the said bus alone, which is stated as Item No. 1 in "d" Schedule on the basis that by way of amendment, the plaintiffs sought to state that the first defendant in the suit is in possession and enjoyment of the same, including the other suit properties after the death of R. Saraswathi.