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V. LAKSHMINARAYANAN
J. Savithri – Appellant
Versus
Selvaraj – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order passed by the learned Principal Subordinate Judge, Coimbatore, in E.A.No.24 of 2013 in E.P.No.31 of 2014 dated 09.07.2014.)
1. I am constrained to exercise the suo motu powers under Article 227 of Constitution of India in this case.
2. The admitted case of the plaintiff in O.S.No.899 of 1991 is that the property belonged to one Chinna Pappal. She is said to have executed a registered Will dated 12.07.1964 bequeathing the entire properties to her sons namely C.K.Kannuswamy Pillai and K.Govindarajulu. On the demise of C.K.Kannuswamy Pillai, his legal heirs and K.Govindarajulu partitioned the property by way of a registered document dated 27.10.1988. The plaintiff would further aver that the property obtained from a paternal grandmother should be treated as joint family property. On that basis, the plaintiffs made a claim of 6/7 share in favour of the plaint and 1/7 share for the defendant. The suit was decreed in and by a judgment dated 06.08.1997. The judgment reads as follows:
“ The suit for passing decree directing the division of the suit property in
Hindu law does not recognize ancestral property claims through a female ascendant.
The court established that the rejection of a plaint must adhere to procedural guidelines and that daughters are entitled to equal shares in ancestral property under the Hindu Succession Act, 2005, i....
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.
The court concluded that the issues of property nature and limitation are mixed law and fact, necessitating trial rather than dismissal under Order VII Rule 11 of CPC.
The court affirmed that unless a restraint order is in place, a trial Court can entertain applications for passing a final decree even if an appeal or review is pending.
An application to amend the plaint is maintainable even after passing of the preliminary decree, since the suit is not terminated and proceedings are continuous.
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