ASHWATHAIAH Vs. ARASAMMA

JUDGEMENT

(1.) The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.

(2.) In this petition under Article 227 of the Constitution of India, the petitioner has assailed the validity of the order dated 02.01.2017 passed by the trial Court, by which application preferred by the petitioner seeking amendment of the schedule of the agreement for sale dated 21.01.2005 and to insert paragraphs 29(a) to 29(c) in the plaint has been rejected. In order to appreciate the petitioner's challenge to the impugned order, few facts need mention which are stated infra.

(3.) The petitioner filed a suit seeking relief of specific performance of the contract. The plaintiff was cross-examined partly on 29.05.2013 and thereafter, the proceedings in the suit were adjourned for his further cross-examination. The petitioner before completion of his cross-examination, on 22.08.2016 filed an application under Order VI Rule 17 of Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code'), seeking to amend the schedule of the agreement of sale dated 21.01.2005, Ex.P11 and to insert paragraphs 29(a) to 29(c) to the plaint.