THANGAVEL (DECEASED) AND ORS. Vs. RAJA AND ORS.

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 06.12.2013 made in I.A.No.29 of 2013 in A.S.No.36 of 2012 on the file of the II Additional Subordinate Court, Salem.

(2.) First respondent is the plaintiff, first petitioner is the first defendant, respondents 2 to 7 are the defendants 2 to 7 in O.S.No.1244 of 2008 on the file of the District Munsif Court, Salem. The first respondent/plaintiff filed said suit for partition against the first petitioner and respondents 2 to 7. After contest, the said suit was decreed by the judgment and decree dated 01.12.2011. Challenging the said judgment and decree, the first petitioner filed A.S.No.36 of 2012. In the said appeal, the first petitioner filed I.A.No.29 of 2013 under Order 6, Rule 17 and Section 151 C.P.C. to amend the plaint to include the property mentioned in the petition as third item of the suit property.

(3.) According to the first petitioner, the said property was allotted to Munia Gounder, his father in a partition effected on 14.02.1958, which is mentioned as 'A' schedule in the partition deed. As his father Munia Gounder died intestate, the first petitioner has share in the said property. Other legal heirs of Munia Gounder sold the said property and the said sale will not be binding on the first petitioner and prayed for amendment to include the said property also.