VASANTHA Vs. DASHNA

JUDGEMENT

(1.) THE Revision Petitioners are the applicants in I.A.No.188 of 2009/plaintiffs in O.S.No,4 of 1997 on the file of the Family Court, at Puducherry and aggrieved by the order of dismissing the application for amendment of plaint, had filed this Revision.

(2.) THE plaintiff filed the above suit against the defendants/Respondents herein praying for declaration that they are the wife and son of late Irisappan @ Kasinathan, payment of Rs.500/- per month, mandatory injunction directing the defendants to return 'B' schedule property, directing the payment of a sum of Rs.3,000/- towards arrears of maintenance from the first defendant from April 1996 to June 1996 and for an order of ad interim injunction restraining the defendants from encumbering the 'C' schedule property.

(3.) THE plaintiff filed I.A.No.188 of 2009 seeking to amend the plaint stating that there was a family partition in her husband's family on 21.3.1991 and in order to substantiate the same, she prayed for the amendment in the cause of action paragraph, Court Fees column and also additional prayer for declaration that the sale deeds executed by first defendant in favour of defendants 3 and 11 are null and void. THE said application was opposed by the Respondents herein by contending that the proposed amendment is hopelessly barred by limitation and that the amendments will introduce a new case and cause of action and that too after a lapse of 13 years. It is further stated that the proposed amendment will take away the admission made by the plaintiffs. It is further stated in the counter that the trial of the suit had already commenced and D.W.1 was in the box. Hence, for the said reasons, the Respondents herein prayed for the dismissal of the said application.