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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.SAKTHIVEL
Saraswathi – Appellant
Versus
Subramaniam – Respondent
ORDER :
R. SAKTHIVEL, J.
1. Feeling aggrieved by the Dismissal Order dated January 31, 2023 passed by 'the District Munsif Court, Udumalaipettai' ['Trial Court' for brevity] in I.A.No.772 of 2022 in O.S.No.96 of 2011, the Petitioner therein has preferred this Civil Revision Petition under Article 227 of the Constitution of India, 1950.
2. The Revision Petitioner herein is the Plaintiff and the Respondents herein are the Defendants in the Original Suit in O.S.No.96 of 2011 on the file of the Trial Court. For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.
3. The Plaintiff filed the Suit for partition and other relief against the Defendants. In the plaint, it has been stated that the Plaintiff and the First Defendant are Sister and Brother born through the second wife of Malli Chettiar, who passed away about 23 years before the Suit. The third Defendant is the son of Malli Chettiar born through his first wife. Malli Chettiar, Plaintiff, Defendants 1 and 3 were living jointly. The mother of the Plaintiff passed away 25 years before the Suit and Malli Chettiar passed away intestate in the year 1987 leaving the Plaintiff, Defend
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
Dismissal of Interlocutory Applications affirmed as documents sought were irrelevant and delay in proceedings does not justify reopening closed evidence.
In a suit for partition, amendment of pleadings is permissible even at a later stage when it does not alter the character of the suit and enables the court to fully adjudicate the dispute.
Point of law: Amendments should be refused only where the other party cannot be placed in the same position as if the pleading had been originally correct, but the amendment would cause him an injury....
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