N VITTAL RAO Vs. N RAJA RAO

JUDGEMENT

(1.) This C.R.P. is filed against the order in LA.No.358 of 1997 in O.S.No,29 of 1985 on the file of Subordinate Judge, Adoni dated 6-8-1997.

(2.) I.A.No.358 of 1997 is filed to amend the plaint under Order 6 Rule 17 C.P.C. The suit is filed for specific performance of an agreement of partition entered into on 28-4-1983. The brief facts are that there was a partition between the members of the joint family in respect of all other properties except the properties covered by the agreement dated 28-4-1983. In the said agreement the manner in which the item of the property covered by the agreement is to be partitioned is mentioned. When the defendant did not honour the agreement the plaintiff filed the suit O.S.No.29 of 1985 seeking specific performance of the agreement dated 28-4-1983.

(3.) At the stage of arguments the petitioner filed three I. As., i.e., I.A.Nos.356, 357 and 358 of 1997. I.A.No.356 of 1997 is filed to reopen the suit to enable the plaintiff to let in further evidence. I.A.No.357 of 1997 is filed under Order 18 Rule 17 C.P.C. to recall the plaintiff for further evidence and LA. No. 358 of 1997 is filed under Order 6 Rule 17 C.P.C. to amend the plaint as set out therein. All the three petitions were allowed by the Court below. However, while allowing the amendment of the plaint he directed the payment of Court fee on 3/4 of the market value of the property representing his share viz., Rs.1,25,752/- under Section 39 (e) of the A.P. Court Fees and Suits Valuation Act (for short the 'Act').