SHOBHA SURENDAR W/O. Y.V. SURENDAR AND SRI. Y.S. SURENDAR S/O. Y.V. SRIMVAS MURTHY Vs. SRI. C.R. NAGARAJA SETTY S/O. LATE T. RAMAKRISHNA AND OTHERS

JUDGEMENT

(1.) DEFENDANT Nos. 1 and 2 in O.S. No. 400/1999 have filed this writ petition aggrieved by the dismissal of their application filed seeking amendment of the written statement.

(2.) PLAINTIFF - Respondent No. 1 has filed the suit in the year 1999 seeking a decree of specific performance of the agreement dated 29.05.1982 among other reliefs with an alternative relief of payment of money along with interest.

(3.) BY the proposed amendment, Defendant Nos. 1 and 2 sought to add paragraphs 30(a) to 30(g) in the written statement. Apart from pleading certain other facts the Defendants mainly intended to contend that based on the very agreement dated 29.05.1982, Plaintiff had filed a suit in O.S. No. 1715/1996 against Defendant Nos. 1 and 2 seeking a decree of permanent injunction. The said suit came to be dismissed as withdrawn without reserving liberty and hence the present suit in O.S. No. 400/1999 was hit by Order II Rule 2 Code of Civil Procedure.