T.RAJA REDDY Vs. C.SRINIVASA REDDY

JUDGEMENT

(1.) THIS Civil Revision Petition is filed by the second defendant aggrieved against the order of the Court below in allowing the amendment petition filed under Order 6 Rule 17 CPC by the plaintiffs/respondents herein.

(2.) THE respondents herein as the plaintiffs filed O.S.No.54 of 1999 on the file of the District Munsif Court, Hosur seeking for declaration of their right, title and interest over the suit schedule properties and for permanent injunction not to encumber or alienate the suit properties in any manner. The second defendant being the contesting defendant in the suit, filed the written statement on 07.04.2000. The issues were framed and both the parties have let in their respective evidence. At the time of the commencement of the arguments, the respondents herein filed I.A.No.36 of 2010 under Order 6 Rule 17 CPC seeking for amendment of the plaint. The affidavit filed in support of such application stated that the suit properties belong to the plaintiffs as ancestral properties and by way of partition under the registered Partition Deed dated 28.08.1992 between the plaintiffs and other brothers, namely, Mr.K.C.Muni Reddy and Chandra Reddy. However it is not specifically stated in the plaint as to how the suit properties belong to them as ancestral properties. So in order to give such details and also to specifically pray for declaration of the first plaintiff's title to suit A schedule property and the second plaintiff's title in respect of suit B schedule property separately and for payment of separate Court fees in this regard, the amendment of the plaint was sought for. It is also specifically stated in the affidavit that amendment sought for is purely for giving clarification and details with regard to their claim of title to the suit properties and documentary and oral evidence have already been given in support of their case and no fresh evidence need to be given. It is also stated that the amendment sought for does not change the nature of the suit or the cause of action thereof.

(3.) THE Court below after considering the respective pleadings as well as the submissions made by both sides and upon considering the case laws cited on behalf of the parties, allowed the application, however by imposing a cost of Rs.2,500/ - to be paid by the plaintiffs to the defendants on the reason that the application came to be filed belatedly. Aggrieved against the said order, the present Civil Revision Petition is filed by the second defendant.