N. FRANCIS AND OTHERS Vs. N. SHAJI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 17.03.2015 passed in I.A.No.886 of 2014 in O.S.No.284 of 2012 on the file of the learned I Additional District Munsif Court, Kuzhithurai, allowing the petition for amendment, subject to payment of cost of Rs. 1500/- on or before 23.03.2015, failing which the petition shall stand dismissed. The petitioners are defendants 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.886 of 2014 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 building, which he purchased from his father and one-fifth share in the balance two-third share in the plaint schedule property. Hence, it is necessary to amend the plaint as detailed in the petition.