The third plaintiff in O.S.No.60 of 1981 on the file of the Principal Subordinate Judge, Nagapattinam had challenged the order passed in in I.A.No.314 of 2003 in I.A.No.87 of 2002 in O.S.No.60 of 1981. I.A.No.314 of 2003 in I.A.No.87 of 2002 in O.S.No.60 of 1981 was filed by the 4th plaintiff in O.S.No.60 of 1981. The plaintiffs have filed the suit in O.S.No.60 of 1981 for partition of the plaint schedule properties. After passing of the preliminary decree, final decree proceeding was initiated by the plaintiffs in I.A.No.87 of 2002 in O.S.No.60 of 1981. While the said final decree proceeding is pending before the Principal Subordinate Judge, Nagapattinam, the 4th plaintiff alone had filed I.A.No.314 of 2003 under Order 6 Rule 17 of CPC to amend his share in the preliminary decree as 12/60 instead of 10/60 on the ground that his mother/4th defendant died, after passing of the preliminary decree in whose favour a preliminary decree for 10/60th share has been declalred. According to the petitioner/4th plaintiff in I.A.No.314 of 2003, after the death of his mother, he became entitled to 12/60th share in the suit property as one of the legal heirs of 4th defendant. The said