LAXMAN RAO Vs. RAGHAVENDRA

JUDGEMENT

(1.) This writ petition is by the first defendant in O.S. No. 49 of 2011 on the file of the Court of the Civil Judge (Senior Division) at Chittapur (originally, suit was filed in the year 2007 in the Court of Civil Judge (Senior Division) at Sedam, that was transferred and renumbered in the year 2011). Being aggrieved by the order dated 2-1-2013 passed by the Senior Civil Judge at Chittapur, District Gulbarga, dismissing I.A. No. 8 filed under Order 6, Rule 17 of Code of Civil Procedure, 1908, seeking for amendment of written statement etc.

(2.) In the suit for partition, defendants wanted to set up the plea of one suit item covered under the prayer for amendment as self-acquired property etc.

(3.) Learned Judge of the Trial Court dismissed this application, observing that the application for amendment was not bona fide but it was mala fide, and several years after filing of the written statement, defendants wants to recile from the earlier stand and set up a new plea by contending that one another suit property was the self-acquired property. An application for such amendment filed in July 2012 in a suit that has been filed in the year 2007 is highly belated and therefore, rejected the application.