(1.) THE allegations contained in the affidavit filed by the petitioner/7th defendant are as follows:
(2.) THE allegations found in the counter filed by the 7th defendant/7th respondent are as follows:
(3.) THE first respondent filed a suit against this petitioner and other respondents in O.S.No.319 of 1999 on the file of the Sub Court, Tiruppur, which is now in O.S.No.182 of 2007 on the file of the I Additional District Court, Coimbatore, for the relief of his title as sole legattee under the Will dt. 11.12.1983 of Late Appasamy Naidu in respect of plaint-schedule properties, for possession of the schedule lands and for permanent injunction to restrain the defendants 1 to 7 from altering the physical features of the properties into layout site or division in any manner whatsoever. THE defendants filed written statement and the suit is pending. THE trial has not commenced so far. In the mean time, the plaintiff has filed an amendment petition under Order 6, Rule 17 of C.P.C. THE said Appasamy Naidu had five daughters, Rajammal and defendants 1 to 4. He brought out partition between himself and his daughters under the registered partition deed dated 30.09.1970 allotting specific portions in favour of his daughters. THE said partition was objected by Rajammal, who filed O.S.No.57 of 1990 from the judgment passed in the said suit, A.S.No.440 of 1991 preferred before the High Court, Madras. THE Judgments of both the Courts are not made available in the this proceedings. THE plaintiff is grand-son of Rajammal i.e., son's son. Appasamy Naidu died on 21.01.1984. First respondent herein claims that, his grand-father, Appasamy Naidu executed a Will on 11.12.1983, bequeathing A-Schedule properties to him. Hence he filed the present suit claiming right over the properties. He pleads that the petitioners fraudulently obtained a decree behind his back and hence he may be permitted to file this petition for amendment.