K. RAGHAVA REDDY S/O LATE KRISHNA REDDY AND OTHERS Vs. HANUMANTHA REDDY S/O LATE GANGI REDDY AND SMT. SEETHAMMA W/O HANURNANTHA REDDY

JUDGEMENT

(1.) PLAINTIFFS are the petitioners and Respondents are defendants. The suit is for partition and separate possession. Issues have been framed. Trial has commenced. When the suit is at the stage of cross -examination of DW.1, the plaintiffs filed an application on 23.10.2009 to amend the plaint and incorporate the proposed pleading. The application having been objected to the Trial Court upon consideration, has dismissed the application on the ground that, it has been filed at the belated stage, that is, after commencement of the trial and by the proposed amendment, the plaintiffs are attempting to overcome the admissions made during the cross -examination of PWs.1 and 2. Said order has been questioned in this writ petition.

(2.) HEARD the learned Counsel on both sides and perused the record.

(3.) SINCE it is a suit for partition and separate possession, the amendment prayed in the proposed amendment at SI. Nos. 1 to 11 and 13 is necessary for determining the real question in controversy between the parties. Hence, the impugned order calls for interference.