JEBAMONY Vs. CHINTHAMONY

JUDGEMENT

(1.) The revision petitioners are the plaintiffs in O.S.No.480 of 2004 on the file of the II Additional District Munsif, Kuzhithurai and in the suit, the revision petitioners/plaintiffs sought for partition among various other reliefs. During pendency of the suit, the petitioners/plaintiffs have filed an application in I.A.No.127 of 2015 seeking certain addition in paragraph no.3 of the plaint as well as in the prayer portion of the suit and the said application was dismissed by the Trial Court, stating inter alia that the amendment would be prejudicial both to the family members of the petitioners and to the respondents herein. Challenging the said order, the petitioners are before this Court.

(2.) It is the case of the revision petitioners that the entire suit schedule property had devolved upon nine legal heirs, after the demise of their parents, namely, Chellakkon Nadar and his wife Chellammal and defendants 6 and 7 are the daughters of the said Chellakon, who had already relinquished their rights in the property, as they had received Sridhanam by way of cash, jewels, etc. It is the further case of the revision petitioners that there was also a decree for redemption in O.S.No.584 of 1977 in respect of a portion of the suit property and hence, the decree to be passed in the suit is necessarily subject to the decree in O.S.No.584 of 1977.

(3.) The revision petitioners state that while drafting the plaint, it was indicated as to the exact share in the property as 1/9th share instead of 1/7th share and in view of the subsequent development and surrender of share by the defendants 6 & 7, the plaint has to be necessarily amended. Contending that the Trial Court, without considering the factual aspects, has simply dismissed the application, it is prayed that the order of the Trial Court needs interference by this Court.