HANUMANTHU SARASWATHI Vs. HANUMANTHU MAHALAKSHMI AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition arises out of the order dtd. 27/3/2019 passed in I.A.No.2 of 2018 in O.S.No.147 of 2012 on the file of the Senior Civil Judge, Sompeta, Srikakulam District, whereby the learned Senior Civil Judge has dismissed the petition filed by the petitioner under Order VI Rule 17 CPC seeking leave of the Court to amend the plaint.

(2.) Brief over view of the facts leading to lis in this Civil Revision Petition may be stated as follows: The petitioner is the plaintiff in the above Suit in O.S.No.147 of 2012 on the file of the Senior Civil Judge, Sompeta, Srikakulam District. The respondents herein are the defendants in the said Suit.

(3.) Late Hanumanthu Purushotham was an employee of 3rd respondent-Agriculture Market Committee. He died in harness. During his life time, he has taken an L.I.C. policy. The 1st and 2nd respondents are his wife and son respectively. The petitioner herein is his mother. Late Purushotham has shown his wife and son, who are respondents 1 and 2 herein, as his nominees in the said L.I.C. policy and also in his service record. As the petitioner, who is his mother, is also a Class-I legal heir along with respondent Nos.1 and 2, she filed the Suit for recovery of her 1/3rd share along with respondent Nos.1 and 2 from the amount payable under the L.I.C. policy consequent to the death of the policyholder and also from the death benefits payable by the 3rd respondent-Agriculture Market Committee. In the said Suit she sought for recovery of her share from respondent Nos.3 to 9, who are the authorities of the Department, where late Hanumanthu Purushotham worked and the L.I.C. She did not claim any relief for recovery of the said amount from respondent Nos.1 and 2.