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2012 Supreme(Mad) 2299

V.DHANAPALAN
Minor Balakumaran, through his Natural Guardian – Appellant
Versus
Gunasekaran – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:B. Singaravelu, Advocate.
For the Respondent: None.

JUDGMENT

1. By consent, the Civil Revision petitions are taken up for disposal at the admission stage.

2. This Revision Petition is filed against the orders dated 30.11.2011 in I.A. No.380 of 2010 in O.S. No.76 of 2009 on the file of the learned District Munsif Court, Mannargudi, whereby and whereunder, the Petition filed under Order 6, Rule 17, C.P.C. for amending the Plaint came to be dismissed.

3. The Petitioner is the Plaintiff, who filed a Suit in O.S. No.76 of 2009 before the District Munsif Court, Mannargudi, for the relief of declaration. In the said Sit, both side witnesses were examined and evidence is closed and the Suit was posted for arguments. While, so the Petitioner has come forward with an Interlocutory Application in I.A. No.380 of 2010 under Order 6, Rule 17, C.P.C., praying for amendment of the Plaint. According to the Petitioner, the suit property was self-acquired property of one Rasu Kandiyar who executed a registered Will dated 2.3.2000 in favour of the petitioner and after the death of executor of the Will on 4.1.2003, the Petitioner ha become the absolute owner of the suit property. However, since the Respondent/Defendant denied the right and title of the











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