SELVI Vs. PERATCHI

JUDGEMENT

(1.) This civil revision petition has been filed as against the order rejecting the relief of amendment of plaint sought for by the revision petitioner / plaintiff.

(2.) The revision petitioner / plaintiff has filed the suit seeking to cancel the sale deed, dated 19.01.2005, executed by him in respect of the suit property in favour of the 1st respondent / 1st defendant on the ground that (a) the 1st respondent / 1st defendant has been filing civil and criminal cases against the revision petitioner / plaintiff alleging encumbrances over the suit property, which has been sold by him by way of sale deed, dated 19.01.2005; (b) he could not clear the encumbrances over the property as per the assurance deed; (c) he is ready to repay the sale consideration of Rs.1,70,000/-. It is stated in the written statement filed by the 1st respondent / 1st defendant, the revision petitioner / plaintiff has executed the sale deed, dated 19.01.2005, for the sale consideration of Rs.7,70,000/- without any valid title and in respect of the very same property, one Padma claimed title over the property, for which he has filed the suit in O.S.No.110 of 2007 and the same was, subsequently, closed based on the settlement entered between the 1st respondent / defendant and the said Padma, and subsequently, they sold the suit property to some third parties. In view of the said averments, the revision petitioner / plaintiff has subsequently impleaded the said Padma and subsequent purchasers as defendants 3 to 8. Thereafter, the revision petitioner / plaintiff has filed amendment petition in I.A.No.441 of 2016 seeking to add the relief of declaration declaring the subsequent sale deed, dated 11.07.2011, as null and void and to add / substitute the averments mentioned in the petition according to that relief. The Court below has dismissed the said application holding that the proposed amendment will change the nature of the suit. Aggrieved by that order, the revision petitioner / plaintiff has filed the present civil revision petition.

(3.) The learned counsel for the revision petitioner / plaintiff would submit that the 1st respondent / 1st defendant colluding with the 6th respondent / 6th defendant has purposefully sold the suit property to the third parties and in order to declare the said sale deed as null and void and to add the averments to that effect in the plaint, the revision petitioner / plaintiff has filed the said amendment petition before the Court below and no prejudice would be caused to the respondents / defendants by allowing the said petition. But, the Court below, without considering the case of the petitioner in proper and perspective manner, has erroneously dismissed the said petition and hence, the said order may be set aside and the petition for amendment may be allowed for effective adjudication. Thus, he prayed to allow this civil revision petition.