M MUTHUKRISHNAN Vs. ETHIRAJULU

JUDGEMENT

(1.) THIS revision petition is filed under Section 115 of the Code of Civil Procedure, challenging the order in I.A.No.882 of 2003 in O.S.No.227 of 1981 dated 17.7.2006, rejecting the review application seeking review of the final decree passed in I.A.No.752 of 1988 dated 1.3.1990.

(2.) THE first respondent herein filed the suit for partition and after contest, preliminary decree was passed on 18.9.1981 ordering to divide the 2nd and 4th schedule properties into three equal shares and allotting one each shares to the plaintiff/first respondent herein, 1st defendant's heirs viz., defendants 7 to 9/respondents 3 to 5 herein and 4th defendant/revision petitioner herein. THE first respondent filed appeal against the said preliminary decree in A.S.No.48 of 1982 before the Sub Court, Srivilliputhur and the same was also dismissed along with cross objection. After dismissal of the first appeal, petitioner herein and others filed petition for final decree of partition. Accordingly final decree was passed on 1.3.1990 in I.A.No.752 of 1988.

(3.) THE Court below held that the non-allotment of share to the petitioner in final decree cannot be treated as clerical or arithmatical error and if the petitioner is really affected by the final decree, he ought to have preferred an appeal against the final decree and in the absence of such specification in the final decree, the amendment sought for after a period of more than 12 years cannot be countenanced. THE Court below also ordered that the final decree was passed on 1.3.1990 and the present petition for amendment of the decree was presented on 30.3.2003 and therefore the petition filed is barred by the law of limitation, dismissed the said application seeking amendment of the decree.