SATNA RUKMINAMMA Vs. SATNA PARAMESWARA RAO

JUDGEMENT

(1.) This civil revision petition, under Article 227 of the Constitution of India, by the unsuccessful defendants is directed against the orders dtd. 8/9/2021, of the Family Court-cum-VI Additional District Judge, Kadapa, dismissing IA.No.149 of 2021 in OS.No.29 of 2014 filed under Order VI Rule 17 CPC seeking to amend the plaint.

(2.) Heard Sri G V S Kishore Kumar, learned counsel appearing for the revision petitioners/defendants and Smt. M. Siva Jyothi, learned counsel for 1st respondent/plaintiff. The other respondents are shown as proforma parties.

(3.) The case of the revision petitioners, in brief, is that the plaintiff brought the suit against the defendants for partition and separate possession of the suit schedule properties into four shares and for allotment of one such share to him by taking into good and bad qualities of the properties and in case the defendants fail to extend their cooperation, the same may be done through due process of law. The 1st respondent being the head of the family, while managing the joint family affairs, purchased several items of properties for the benefit including the interest of the joint family and for the benefit of the respondents by obtaining necessary documents. However, the entire properties purchased by him for the benefit of the joint family were not included in the schedule items of the properties for making them available for partition along with the suit schedule properties. The 1st respondent being the head of the family did not choose to add all the joint family properties for partition. The trial in the suit was commenced. The 1st respondent/plaintiff was examined as PW1. PW1 was crossexamined at length and after closure of the evidence of PW1, the 2nd defendant was examined and certain documents were marked. Learned counsel for the 1st respondent/plaintiff cross-examined the 2nd defendant at length. The chief affidavit of 4th defendant was filed as DW2 and she is yet to be examined in chief as well as crossexamination.