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2012 Supreme(Mad) 4064

R.S.RAMANATHAN
Rani – Appellant
Versus
Chandra – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:S. Sounthar, Advocate.
For the Respondents:R1, L. Rajasekar, Advocate.

Judgment :-

Defendants 1 and 2 are the revision petitioners.

2. The first respondent herein filed the suit for partition and the revision petitioners filed written statement stating that some of the properties purchased in the name of the first respondent and her husband were not included though they also belong to the joint family. Thereafter, no steps were taken by the revision petitioners to include those properties to the plaint schedule and after the plaintiff's side witness was examined in chief, the revision petitioners filed application to include certain properties purchased in the name of the first respondent/plaintiff and her husband to the plaint schedule and that application was dismissed and as against the same, this revision is filed.

3. It is submitted by the learned counsel for the revision petitioners that in the written statement itself, necessary allegations were made and being a suit for partition, the entire properties belonging to the joint family are to be made available for partition and for that purpose, the application for amendment was filed and though it was filed after commencement of trial, no prejudice would be caused to the respondent and the suit





















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