A SUDERSHAN REDDY Vs. A JAGGA REDDY

JUDGEMENT

(1.) This revision is directed against the order dated 24.11.2008 made in I.A.No.601of 2008 in 600 of 2008 in O.S.No.85 of 2007 on the file of the Court of the Senior Civil Judge, Wanaparthy whereby the petition seeking amendment of the plaint i.e. for inclusion of two items into the plaint schedule was allowed.

(2.) Brief facts are that the petitioners herein, being the plaintiffs, instituted the said suit seeking partition of the plaint schedule properties mentioned therein against the respondents who are none other than the brothers. The respondents/defendants are contesting the said suit by filing written statement wherein they have taken a plea that some of the joint family properties are not included in the plaint schedule. The issues were settled, evidence on both sides was also closed and the matter was coming up for arguments. At that stage the respondents/defendants filed the present applications requesting the court to reopen the said suit and also for inclusion of the properties that were not included in the plaint schedule. The court below having considered the submissions made by the counsel appearing for both sides came to the conclusion that the petitions are to be allowed and accordingly reopened the said suit and directed the petitioners/plaintiffs to amend the plaint schedule as requested by the respondents/defendants. The same is questioned by the plaintiffs in this revision.

(3.) The learned counsel for the petitioners vehemently contended that in a suit instituted by the plaintiffs the defendants cannot ask for amendment of the plaint and the court below grossly erred in allowing the said applications. It is his further contention that it is only to prolong the litigation, the respondents/ defendants, at the stage of arguments, have come forward with the present application. The learned counsel for the petitioners / Plaintiffs relied on the decision of this court in Alimineti Sadanandam Vs. Daripelly Narayana Charyulu and others 2007 (4) ALD 132.