M CHIDAMBARAM Vs. M RAMAMOORTHY

JUDGEMENT

(1.) This revision is directed against the order dated 26.10.2015 made in I.A.No.89 of 2015 in O.S.No.87 of 2012 on the file of the Principal District Court, Madurai, allowing the petition under Order 6, Rule 17 C.P.C. The petitioner herein is the plaintiff and he filed the suit for partition and for permanent injunction.

(2.) The first respondent, who is the first defendant in the suit filed I.A.No.89 of 2015 under Order 6, Rule 17 C.P.C. seeking to amend the schedule and to include certain properties in the schedule of properties mentioned in I.A.No.89 of 2015.

(3.) According to the first respondent, his parents executed a Will dated 08.05.1988 bequeathing the property and based on the Will, he was in possession of the said property of his own right. He had also filed O.P.No.1 of 2012, now numbered as O.S.No.62 of 2015 to probate that Will. According to the first respondent, to counter-blast the O.P. filed by the first respondent to probate, the petitioner had filed the present suit for partition.