(1.) This Civil Revision Petition is filed to set side the Ex parte order dated 16.11.2016, made in I.A.No.763/2016 in O.S.No.103/2009 on the file of the District Munsif Uthamapalayam.
(2.) The petitioners are defendants 1 and 23. The first respondent/plaintiff filed filed suit in O.S. No. 103 of 2009, on the file of the District Munsif Court, Uthamapalayam for partition and claiming one-third share each. The petitioners and other defendants filed written statement and are contesting the suit. Trial commenced. The first respondent let in evidence. At that time, the first respondent filed I.A. No. 763 of 2016, for amendment of the schedule in the plaint, with regard to extent and boundaries. According to the first respondent, he came to know about the discrepancy only from the report of the Advocate Commissioner. The petitioners filed counter affidavit and opposed the said application.
(3.) According to the petitioners, they filed application for an appointment of Advocate Commissioner. The first respondent filed his counter and submitted that Advocate Commissioner must be directed to measure the property as existed prior to 2007. Now, the first respondent is seeking amendment, based on the sub Division effected on 02.01.2007. The amendment sought for in the present petition will introduce a new cause of action and change entire character of the suit.