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SATHI KUMAR SUKUMARA KURUP
Thriveni Earth Movers Pvt. Ltd. – Appellant
Versus
M. Anbarasi – Respondent
ORDER :
Prayer: This Civil Revision Petition had been filed by the Petitioner under Article 227 of Constitution of India seeking to set aside the fair and decreetal order dated 20.12.2019, made in I.A.No.1 of 2019 in O.S.No.8 of 2008 on the file of the learned District Munsif, Perundurai and dismiss the said I.A.No.1 of 2019.
When the case came up for hearing, the learned Counsel for the Petitioner submitted that the Petitioner's vendor K.Dhanalakshmi had purchased the property measuring an extent of 1 Acre 17 Cents from the original Plaintiff in O.S.No.08 of 2008 on the file of the learned District Munsif, Perundurai. When the Suit was pending the Plaintiff died. Therefore, his Legal heirs impleaded themselves as Plaintiffs 2 & 3. Subsequently, the Petitioner herein had purchased the property from Dhanalakshmi. The said Dhanalakshmi was Defendant No.7 in the Suit.
2. The learned Counsel for the Petitioner invited the attention of this Court to the Plaint averments as well as the schedule of the property. Wherein, the property purchased by Dhanalakshmi the vendor of the Petitioner herein was excluded in the Suit for partition of the land measuring an extent of 1 Acre 17 Cents with spe
A third-party purchaser lacks the standing to raise the plea of partial partition in a suit for partition among co-owners, as this right is reserved for the co-owners themselves.
The main legal point established in the judgment is the interpretation of joint family property and the necessity of impleading necessary or proper parties in a suit.
Amendments to pleadings should be allowed to facilitate justice when trial has not commenced and do not prejudice the opposing party.
The main legal point established in the judgment is the necessity of impleading a party, especially a transferee pendente lite, in a partition suit to avoid multiplicity of suits and to effectively a....
Order 6 Rule 17 proviso restricting post-trial plaint amendment applies to plaintiffs, not defendants in partition suits to prevent multiplicity.
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