ORDER :

Challenging the fair and decreetal order dated 16.06.2016 made in I.A.No.141 of 2014, filed to amend the plaint in O.S.No.50 of 2012, on the file of II Additional District Court, Salem, the defendant has filed the above Civil Revision Petition and the plaintiff is the respondent in I.A.No.141 of 2014.

2. The suit was filed by the plaintiff for partition and for permanent injunction. Suit was filed under the name and style of “Narasu's Coffee Company' represented by P.Sivanantham against the revisions petitioners herein. Originally, the plaintiff was registered under the provisions of Partnership Act. The partners of the said firm were (1) R.P.Sarathy, (2) B.Latha (3) B.Jayashree (4) P.Sivanantham and (5) Mahalakshmiammal Trust. Subsequently, the said Firm was reconstituted by inducting the wife of P.Sivanantham. Under these circumstances, all the partners have entered into a Memorandum of Understanding on 10.08.2006, whereby, the partners viz., R.P.Sarathy, B.Latha, B.Jayashree and Mahalakshmiammal Trust agreed to retire and P.Sivanantham would continue as a partner after inducting his wife Mrs.Lalitha as one of the partners.

3. As per Memorandum of Understanding, Mr.P.Sivanantham is liable to pay a sum of Rs.26.5 crores towards the final settlement to the retirement of all the revision petitioners as well as Mahalakshmiammal Trust. The said amount was also paid by Mr.P.Sivanantham. After the execution of Memorandum of Understanding, the first respondent Firm has been completely under the control of Mr.P.Sivanantham and his wife, who are the only partners of the said Firm. The said Firm viz., Narasu's Company was converted into Sri Narasu's Coffee Company Limited with effect from 01.04.2009. In this regard, Exs.P.26 (True copy of the order of Memorandum and Articles of Association) and P.27 (Xerox copy of incorporation) were marked on behalf of the first respondent herein.

4. Disagreeing with the Memorandum of Understanding dated 10.08.2006, one of the partners viz,R.P.Sarathy filed a suit in O.S.No.106 of 2009 for partition to divide the six items of suit schedule properties. These properties are Firm's properties. Since R.P.Sarathy disagreed with the Memorandum of Understanding, the first respondent filed a suit in O.S.No.1019 of 2009 to declare the sale deeds dated 23.08.2006 executed in terms of Memorandum of Understanding in favour of the revision petitioners herein as null and void.

5. The revision petitioners filed a petition in I.A.No.865 of 2009 to reject the plaint in O.S.No.106 of 2009 and the same was dismissed by the trial Court on 18.08.2011. Thereafter, Civil Revision Petition in CRP No.2379 of 2012 was filed by the respondents herein. The said Civil Revision Petition was allowed and the plaint in O.S.No.106 of 2009 was rejected. Against the said order, a Special Leave Petition No.118 of 2015 was filed and the same was dismissed on 02.02.2015.

6. Under these circumstances, the revision petitioners filed a petition in I.A.No.249 of 2012 to reject the plaint in O.S.No.50 of 2012. It is the case of the respondent that at the time of preparing the counter to the said application, the respondent herein came to know the fact that the suit was filed against improper and non-existent person. The suit was filed by Partnership Firm viz., Narasu's Coffee Company, Whereas, the said Firm was converted into Limited Company under the name and style of “Sri Narasu's Coffee Company Limited” (hereinafter called as “the Company” )with effect from 01.06.2009. Therefore, the plaintiff in the suit filed an Amendment Petition to amend the cause title. Further, the suit was filed for partition to divide 27 items of the property mentioned in the Schedule. The suit was filed for partition by the Firm due to the reason that R.P.Sarathy refused to accept the Memorandum of Understanding, entered into in the year 2006.

7. The plaint in O.S.No.106 of 2009 was rejected by the Hon'ble High Court in C.R.P No.2379 of 2012 and subsequently it was