AKBER MAHMOOD Vs. MUZAFFAR MOOSA

JUDGEMENT

(1.) The Respondent filed O.S. No. 644 of 2007 in the Court of II Additional Chief Judge, City Civil Court, Hyderabad, against the Petitioner, for the relief of specific performance of an agreement of sale. The Petitioner filed written-statement and opposed the suit. The trial Court framed the issues, and the trial of the suit commenced.

(2.) The Respondent filed I.A. No. 2424 of 2009, under Rule 17 of Order VI read with Section 151 Code of Civil Procedure., with a prayer to permit her to amend the suit. The proposed amendment related to the house number of the suit schedule property, and part of sale consideration, said to have been paid to the Petitioner. The application was opposed by the Petitioner, mainly on the ground that ' the prohibition contained in proviso to Rule 17 of Order VI Code of Civil Procedure., gets attracted, since the trial of the suit has already commenced. Through its order dated 02-12-2009, the trial Court allowed the I.A. Hence this revision.

(3.) Sri M.Y. Mansoor, learned Counsel for the Petitioner submits that the description of the property in a suit for specific performance has its own significance, and once the Respondent has furnished the description of the suit schedule property, and issues were framed, on the basis of the pleadings, it is not at all open to her, to seek amendment thereof.