ORDER :- The plaintiffs are the petitioners. The suit is by the widow of Velusami Gounder for herself and as next friend of her daughters who are the second and third plaintiffs for past and future maintenance against her husband who was the first defendant. Subsequent to suit the first defendant died leaving behind him the petitioners and two sons and his mother as heirs. The sons and mother are impleaded as defendants 7 to 9. Consequent on the death of the first defendant, the plaintiffs who have a half share in the suit properties filed I. A. 1305 of 1969 for amendment of the plaint in the altered circumstances seeking to claim partition and separate possession of their half share. The application was opposed by the third defendant on the ground that the amendment, if allowed, will change the character of the suit as also the cause of action. The trial court upheld the objection and dismissed the application. The present civil revision petition is filed against the said order.

2. The suit as originally filed was one for maintenance and the cause of action for the suit was the husband's neglect to maintain the plaintiffs. By reason of the husband's death, the right of the