LAWS(MAD)-2008-9-273

PUTTAMMA Vs. MUNUSAMY

Decided On September 09, 2008
PUTTAMMA Appellant
V/S
MUNUSAMY Respondents

JUDGEMENT

(1.) THIS civil revision petition is filed against the order passed in I.A.No.45 of 2007 in O.S.No.55 of 2004 dated 07.02.2008 by the I Additional District Judge, Krishnagiri in dismissing the amendment application filed under Order 6 Rule 17 read with Section 151 of Civil Procedure Code.

(2.) THE petitioners/plaintiffs have filed I.A.No.45 of 2007 under Order 6 Rule 17 read with Section 151 of Civil Procedure Code praying for permission to amend the Plaint on the ground that in the suit filed for partition the trial was over and that the case has been posted for arguments and that the Village Administrative Officer of Ispathpalli Village has deposed that the properties described in A schedule in the petition are not belonging to the joint family and that after enquiry and verification as per chitta produced by him and as per written statement of defendants, the properties described in B schedule belong to the joint family and hence, for proper adjudication of the case, the properties described in A schedule of the petition are to be deleted and the properties described in B schedule are to be added by amending the plaint and that the nature of the suit will not get changed.

(3.) THE lower Court while passing orders in I.A.No.45 of 2007 dated 07.02.2008 has inter alia observed that 'in the present case, the defendants have already pleaded in their written statement regarding A schedule properties are purchased by own income of the respondent and if really the petitioners filed the amendment petition with bonafide intention definitely they should have filed in earlier stage. THErefore, the petitioners' contention is not applicable one. Under these circumstances, the proposed amendment petition is not maintainable and that this Court's opinion is that the proposed amendment is barred as per amended Civil Procedure Code and further that the proposed amendment application is allowed, there is a possibility to change the character of the suit etc. and resultantly, dismissed the petition as not maintainable'.