MARAPPAN Vs. S AMMASI

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order passed by the learned District Munsif, Sankari in I.A.No.109 of 2012 in O.S.No.336 of 1994 dated 07.02.2012 in and by which the learned judge has allowed the amendment petition filed by the first respondent herein, who is the plaintiff in the suit O.S.No.336 of 1994.

(2.) The suit in O.S.No.336 of 1994 has been filed for partition and possession of the first respondent's 7/24th share in the suit schedule properties which covers various survey numbers in Thevur village, Kuttakkadu, Salem district and in Kaveripatti village, Kondasankadu, Salem district described as Item No.1 & 2 in the suit schedule.

(3.) From the records, it is seen that the third defendant had filed a written statement, which was adopted by the defendants 4 to 6/respondents 3 to 5 herein on 02.02.1999 and the 7th defendant/revision petitioner herein had also filed a written statement dated 02.02.1999. The revision petitioner along with the 4th defendant/the 3rd respondent herein had also filed additional written statements on 22.11.2010 and 27.01.2011. These additional written statements had to be filed on account of the various applications being moved by the first respondent for amending the plaint. When the matter was posted for arguments, the first respondent came forward with the impugned application seeking to amend the plaint in the affidavit filed in support of the said application. The first respondent had cited the following reasons for seeking the amendment: