- (1.) PETITIONERS were plaintiffs while respondents were defendants 1 to 5 and 7 to 14 in the suit.
(2.) PLAINTIFFS filed the suit in O.S.No.102 of 1986 on the file of Subordinate Judge, Pudukkottai for declaration that they are the owners of the bus TNY.352 and are entitled to 1/8th share of the buses TNP.171 and TNX.7867 in the joint family business in transport, with 7/8th share in defendants 1 to 11 and consequently, for an injunction restraining the 12th defendant and his men from in any way disturbing or interfering with the peaceful possession and enjoyment of those buses by the joint family members, either by surrendering the permit to the Regional Transport Officer or by selling them. The basis of their claim relatable to the buses bearing registration numbers TNY.352 and TNP.171 was that they were purchased benami in the name of the 12th defendant for the joint family business. It seems on the written statements filed by the contesting defendants, necessary issues have been framed and the suit had been listed for trial.
(3.) AT that juncture, the plaintiffs filed I.A.No.398 of 1993 under O.6, Rule 17 of the Code of Civil Procedure praying for amendment of the pleadings, by addition of certain paragraph relatable to the existence of a partnership deed between the second plaintiff and defendants 7, 9, 12 and one Umaiyal Achi, in respect of those two buses and such aspect of the matter, by inadvertence, had not been pleaded in the plaint, at the of institution of the suit and such an amendment is not in any way to cause prejudice to any of the parties to the suit.;