YELLAPU DAMAYANTHI Vs. POLAMARASETTI HEMALATHA

JUDGEMENT

(1.) THE revision petitioners are the defendants in O.S.No. 97 of 2007 on the file of the Jr. Civil Judge, Kothavalasa, Vizianagaram District. THEy filed the present revision against the order dt. 3.5.2010 in I.A.No. 505 of 2009, whereby the learned Jr. Civil Judge dismissed the said LA. filed for amendment of the written statement.

(2.) WITH the consent of both the counsel, the revision petition is heard and disposed of at the stage of admission.

(3.) TRIAL of the suit was commenced and some witnesses have been examined on behalf of the plaintiff and at that stage, the defendants filed I.A.No. 505 of 2009 seeking to amend the written statement stating that the vendor of the plaintiff by name Adari Shanthakumari who is said to be the legal heir of Yellapu Venkayamma is a converted Christian and therefore she is not entitled to succeed to the property by virtue of Section 2 (c) of the Hindu Succession Act, 1956 and therefore no right accrues to her after the death of her mother late Venkayamma and as such they want to introduce the said plea by way of amendment to the written statement to the effect that the vendor of the plaintiff has no title over the suit schedule property.