Selvam, v. Raj
Case brief
What is this about?
The Madras High Court set aside an order dismissing a petitioners' application to amend the suit schedule in a partition suit. The court held that in partition suits, any property can be included at any stage to ensure fair adjudication, and the trial court erred in refusing the amendment.
What did the court decide?
The order dismissed in I.A.No.8 of 2021 is set aside; petitioners directed to carry out amendments within two weeks.
What the court decided
CRP (MD) No.2022 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Reserved on 31.07.2023 Pronounced on 17.11.2023
CORAM:
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
CRP (MD) No.2022 of 2022 and CMP (MD).No.9243 of 2022
1.Selvam
2.Karuppiyammal
3.Rajeshwari
4.Gomathinayagi
... Petitioners/defendants 1,3 to 5
Vs.
Raj ... Respondent/Plaintiff
Issues for consideration
3 issues framed by the court
Whether a defendant in a partition suit can compel the plaintiff to include additional properties in the suit schedule by filing an application to amend the schedule.
Whether the trial court had the discretion to dismiss an application to include properties left out by the plaintiff in a partition suit.
Whether the plaintiff can be compelled to include properties allegedly settled in their favour to ensure fair adjudication and avoid multiplicity of proceedings.
Parties & counsel
- petitioner
Selvam and others
- respondent
Raj
Coram
K.Govindarajan Thilakavadi
Case details
As recorded by the court registry
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