N. SHAJI Vs. N. FRANCIS AND OTHERS

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 09.09.2015 passed in I.A.No.443 of 2015 in O.S.No.284 of 2012 on the file of the I Additional District Munsif Court, Kuzhithurai, partly allowing the petition for amendment that too on payment of cost of Rs. 750/- on or before 16.09.2015, failing which the petition shall stand dismissed. The petitioner is the plaintiff in the suit.

(2.) The plaintiff and defendants are brothers. The plaintiff has filed the suit for partition and separate possession.

(3.) Pending suit, the power agent of the plaintiff viz., V.S.Mary Sheeja has filed I.A.No.443 of 2015 under Order 6, Rule 17 of C.P.C. seeking to amend the plaint alleging that after filing of the suit, on 13.06.2013, the plaintiff had purchased one-third share of his father in the plaint schedule property and also effected mutation. He had also obtained patta for the property. Thus, the plaintiff is entitled to 7.932 cents of land and one-third share in the old family house and one-fifth share in the remaining two-third share in the plaint schedule property. Altogether, the plaintiff is entitled to 9.745 cents of land two-third share in the old family house.