IRANNA S/O DESAI ALLOLLI Vs. PARAWWA

JUDGEMENT

(1.) By way of this writ petition, the petitioner, who has filed a suit for specific performance (O.S. No. 132 of 2010 in the Court of II Addl. Senior Civil Judge, Vijayapura), has questioned the order dated 19.01.2017, as passed by the Trial Court on I.A. No. XXII in the said suit, rejecting his prayer for amendment of the plaint.

(2.) Shorn of unnecessary details, the relevant background aspects of the matter are that the suit for specific performance filed by the plaintiff-petitioner is based on a registered agreement for sale in relation to the identified property mentioned in the plaint. The relevant terms and conditions of the agreement including those relating to the sale consideration have been stated in the plaint but then, the date of the agreement came to be mentioned as "17.5.2010" although the correct date of this agreement had been "105.2010."

(3.) From the material placed on record, as also the observations made in the order impugned, it appears that even in the evidence, the plaintiff-petitioner stated the date of the agreement as "12.05.2010," but the averments in the plaint continued to carry the date as "17.5.2010." After evidence of the parties, the aforesaid application seeking leave to amend (I.A. No. XXII) was filed on behalf of the plaintiff-petitioner with the submissions that the date of the agreement came to be wrongly mentioned as "17.5.2010" in place of "12.05.2010" for typographical mistake; and such a mistake came to the notice only when the counsel for the plaintiff-petitioner was preparing the matter for final arguments.