Case Note & Summary
The petitioner, S.Shanthi, filed a suit for partition in O.S.No.10 of 2022 against her father and brothers, initially not impleading her mother, Susila. Subsequently, Susila was added as the 6th defendant. The 6th defendant filed I.A.No.11 of 2025 seeking inclusion of a property standing in her name, which she claimed was a joint family property settled in favour of the petitioner as her share, but not included in the suit. The petitioner opposed, arguing the property was self-acquired and already settled. The Trial Court allowed the application. The petitioner challenged this order by way of Civil Revision Petition under Article 227 of the Constitution of India. The High Court, relying on the principle that in a partition suit defendants are treated as plaintiffs and can seek amendment to include properties, and noting that the written statement of the defendants claimed the property was purchased out of joint family funds, upheld the Trial Court's order. The court held that the amendment would enable a comprehensive adjudication of the dispute. The Civil Revision Petition was dismissed, and the order of the Trial Court was confirmed.
Headnote
A) Civil Procedure - Amendment of Plaint - Partition Suit - In a suit for partition, defendants are treated as plaintiffs and are entitled to seek amendment of plaint to include properties as subject matter of the suit - The court allowed the application for inclusion of property, noting that the property was claimed to be joint family property and the defendants had pleaded that it was purchased out of joint family funds - Held that the amendment would enable comprehensive adjudication of the dispute (Paras 4-5).
Issue of Consideration
Whether a defendant in a partition suit can seek inclusion of a property that was allegedly settled in favour of the plaintiff, as part of the suit properties for comprehensive adjudication.
Final Decision
The Civil Revision Petition is dismissed. The order of the Trial Court allowing I.A.No.11/2025 in O.S.No.10/2022 is confirmed. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- In a suit for partition
- defendants are treated as plaintiffs and are entitled to seek amendment of plaint to include properties as subject matter of the suit
- Solavaiammal Vs. Ezhumalai Gounder
- 2012(1) CTC 159
