G.VIJAYA Vs. M.GURUSAMY

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and final order dated 12/01/2015 made in I.A.No.2 of 2015 in O.S.No.1 of 2010 on the file of the Sub Court, Bhavani.

(2.) The petitioner is the plaintiff and the respondents are defendants 2 to 7 in the suit in O.S.No.1 of 2010 on the file Sub Court, Bhavani. The petitioner filed the above suit for partition against the respondents 1 to 5 and one Gurusamy. The said Gurusamy died and respondents 6 and 7 were impleaded as legal heirs of the said Gurusamy. The first respondent filed written statement on 23.08.2005 and the second respondent filed written statement on 26.09.2005. The petitioner filed reply statement on 06.12.2005. The petitioner filed present I.A.No.2 of 2015 for amendment of plaint to include four declarations to declare the release deed dated 21.09.2004, gift settlement deeds dated 09.03.2005 and 11.07.2005 and to declare the agreement dated 01.07.2005 as null and void and / or not binding on the petitioner. According to the petitioner, she is a co-parcener and documents executed by the respondents are not binding on her. By abundant action, she filed the application and prayed for amendment of plaint to include the above said relief.

(3.) The learned Judge, considering the averments in the affidavit, counter affidavit and materials on record, dismissed the application holding that the relief sought for by the petitioner is barred by limitation and petitioner has to value the suit under Section 40 of the Tamil Nadu Court Fees and Suits Valuation Act and not under Section 25 (d) of the Act.