ORDER: This revision is against the order allowing the amendment of plaint.

2. The properties originally belonged to one S.K.Marimuthu Pillai who died in 1973. He had three sons. There is a third son. One son is the respondent, the other son was one Rathinam and the petitioners are his wife and three sons. The respondent filed O.S.No.93 of 1991 for bare injunction. It has now been renumbered as O.S.No.448 of 1991. The respondent claimed to be in possession of the suit property pursuant to a registered release deed dated 20.4.1982 executed by his brother Rathinam as guardian of his minor sons and the 2nd petitioner herein, the major son. Of course, these details were not spelt out in the plaint originally. In May, 1990, when the petitioners came to know of this release deed, they issued a notice demanding partition on 13.5.1990. They also filed a suit for partition in O.S.No.691 of 1991 on 17.7.1991. The respondent was served but did not file his written statement and an ex parte decree was passed in the partition suit on 21.12.1992. The application to set aside the ex parte decree was dismissed and this has been confirmed in revision. Therefore, the ex parte preliminary decree for p

Click Here to Read the rest of this document