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2006 Supreme(Mad) 3372

S.ASHOK KUMAR
C. Rajvel – Appellant
Versus
C. Muthusamy – Respondent


Appearing Advocates:For the Petitioner:M.S. Palanisamy, Advocate. For the Respondent:M/s. Sarvabhauman Associates, Advocate.

Judgment :-

(Civil Revision Petition filed against the order dated 6.12.2004, made in IA.No. 2276 of 2004 in O.S.No: 529 of 2004, passed by the learned District Munsif, Tiruchengode.)

Aggrieved by the order of dismissal of Interlocutory Application filed for amendment of the Plaint, the plaintiff has preferred this revision.

2. The revision petitioner who is the plaintiff has filed the suit for partition and separate possession. Pending the suit he filed the Interlocutory Application for amending the prayer of the Plaint contending that from the written statement he came to know that the defendant had entered into a sale agreement with the one K.Balakrishnan regarding his common half share in the family properties. According to him, as per Section 22 of the Hindu Succession Act, the plaintiff is having the preferential right to acquire the common half share o the defendant and he is also ready to purchase the same. But the defendant is refusing to sell his half share to him. So the Plaint has to be suitably amended for directing the defendant to sell his half share in the suit property to the plaintiff and to execute a sale deed, register it and deliver possession of the same.

3. The







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