POTNURU LAKSHMANA RAO Vs. POTNURU BABU RAO

JUDGEMENT

(1.) This revision petition is preferred by the defendant against the order dated 7-7-1999 in allowing the IA No.1777 of 1995 for amendment of the plaint in OS No.15 of 1989 on the file of the Principal Junior Civil Judge, Vizianagaram.

(2.) Originally, the suit was filed by the plaintiff, respondent herein, for eviction of the tenant-defendant and for recovery of arrears of rents. The tenant-revision petitioner denied title of the respondent-plaintiff over the plaint schedule property. The plaintiff-respondent therefore, filed the above IA seeking amendment of the plaint which is extracted hereunder:

(3.) The petitioner-respondent opposed that application stating that in the written statement and also in the reply notice sent to the plaintiff-respondent, he denied the title of the plaintiff and that as the petition is filed at a belated stage, the relief sought is barred by time, and that the amendment sought for by the plaintiff-respondent amounts to introducing a new cause of action, and therefore the petition is not maintainable. In support of his contentions, before the trial Court, the revision petitioner relied on a decision reported in N. Raghotham Rao (died) per LR v. MCH, 1996 (4) ALT 1126. The trial Court on consideration of the facts and circumstances of the case and relying on the judgment of this Court reported in V. Bali Reddy v. Divisional Engineer, APSEB, 1999 (2) ALT 173, to the effect that the Court has the discretion to order amendment even if the amendment sought for is barred by limitation in the interest of justice, and ordered the amendment sought for by the respondent-plaintiff.