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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
BALAKRISHNAN PILLA KRISHNAN KUTTY NAIR – Appellant
Versus
CHAMUNDESWARI DEVIKSHETHRAM – Respondent
JUDGMENT :
The challenge in this Original Petition is to the order dated 25.03.2017 in O.S.No.4 of 2015 on the file of the Principal Munsiff’s Court, Neyyattinkara. The petitioners are the plaintiffs in the Original Suit.
2. The plaint schedule property belongs to the family of the plaintiffs and defendant Nos. 5 to 9. The plaintiffs and defendant Nos. 5 and 6 are entitled to 1/6 share each and defendant Nos. 7 to 9 are together entitled to 1/6 share. Defendant No.1 is the Chamundeswari Devi Temple. Defendant No.2 is its Priest. Defendant Nos. 3 and 4 are the office bearers of the temple. As per Partition Deed No.536/1975, the properties were partitioned and the mother of the sharers alienated 6 cents from A schedule item No.2 property to the temple.
3. The plaintiffs pleaded that joint possession has become practically difficult. They further pleaded that there is no boundary between the temple property and the plaint schedule property. Therefore, in the Original Suit, the plaintiffs prayed for partition of the property and fixation of boundary between their property and the temple property.
4. Defendant Nos. 1, 3 and 4 raised a contention that there is misjoinder of causes of action.
Misjoinder of causes of action occurs when claims cannot be jointly pursued against all defendants due to differing legal grounds, necessitating separate actions.
Amendments to pleadings in civil suits should be allowed if they assist in resolving real issues and do not cause irreparable prejudice to the opposing party.
Amendments to pleadings in civil suits should be allowed if they assist in resolving the real issues without causing irreparable prejudice to the opposing party.
Amendments to pleadings under Order VI Rule 17 should be allowed if they assist in resolving the real issues without altering the fundamental nature of the suit or causing prejudice to the opposing p....
Amendments to pleadings under Order VI Rule 17 should be allowed if they assist in resolving the real issues without altering the fundamental nature of the suit, ensuring all necessary parties are in....
A partition suit can proceed if the plaint discloses a cause of action, and issues of limitation and court fees will be determined at trial.
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