LAWS(APH)-2010-12-93

ARASAVALLI TEJASWARI Vs. ARASAVALLI GOPALA RAO

Decided On December 31, 2010
ARASAVALLI TEJASWARI Appellant
V/S
ARASAVALLI GOPALA RAO Respondents

JUDGEMENT

(1.) THIS civil revision petition arises out of the order dated 29.10.2009 passed in I.A.No.586 of 2009 in O.S.No.214 of 2008 on the file of the learned Additional Senior Civil Judge, Srikakulam.

(2.) THE petitioner is the plaintiff in the suit. She filed O.S.No.214 of 2008 against the respondent, who is none other than her father, for recovery of Rs.2,00,000/- towards expenses for her marriage. During the pendency of the suit, the petitioner's marriage was performed. THErefore, she has filed the above noted I.A. for amendment of the plaint by inserting the necessary pleadings pertaining to performance of marriage and incurring of expenditure. She has also sought for amendment to the extent of quantum of amount to be recovered from the respondent by substituting the sum of Rs.2,00,000/- originally claimed with Rs.2,50,000/-. This application was dismissed by the learned Additional Senior Civil Judge, Srikakulam, on the grounds that the petitioner failed to place any material in support of the averments relating to the amendment, that the amendment will certainly change the cause of action and that the nature of the suit will also be changed.

(3.) FOR the aforementioned reasons, the order under revision dated 29.10.2009 passed in I.A.No.586 of 2009 in O.S.No.214 of 2008 on the file of the learned Additional Senior Civil Judge, Srikakulam, is set aside. The Civil Revision Petition is accordingly allowed. As a sequel to disposal of the revision, C.R.P.M.P.No.1097 of 2010 filed by the petitioner for interim relief is disposed of as infructuous.