KUPPAYAMMAL (DIED) AND OTHERS Vs. JAYARAMAN AND OTHERS

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 14.06.2011 made in I.A. No. 81 of 2010 in O.S. No. 1490 of 2004 on the file of the II Additional District Munsif Court, Salem.

(2.) The petitioners are plaintiffs, respondents 1 to 8 are the defendants and 9th respondent is the fifth plaintiff in O.S. No. 1490 of 2004 on the file of the II Additional District Munsif Court, Salem. The petitioners filed the said suit for declaration and injunction. The respondents 1 to 4, 7 and 8 filed separate written statements and respondents 1 to 4 also filed separate additional written statements and are contesting the suit. P.W.1 was examined in chief and was cross-examined by the counsel for respondents 1 and 2. At that stage, the petitioners filed I.A. No. 81 of 2010 for amendment under Order 6, Rule 17 and Section 151 C.P.C. to include at the end of the description of the property that "there are three tiled houses, three asbestos roof buildings and one terraced house with in right of way".

(3.) According to the petitioners, they have made averments in the plaint the existence of the houses and payment of property tax to the Municipality. By inadvertence, they have not mentioned about these houses in the schedule to the plaint.