POTHURAJU MADHURAMMA Vs. SUROJU NAGAMANI

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order passed by the learned I Additional District Judge, Khammam in I.A. No. 111 of 2011 moved in O.S. No. 15 of 2007.

(2.) The Petitioners herein are Defendants 2 to 6 and consequently Respondents 2 to 6 in the aforementioned I./I.A. No. 111 of 2011 has been moved by the two Plaintiffs seeking amendment of the prayer in terms of Order VI Rule 17 of the Code of Civil Procedure. The suit was instituted by them seeking specific performance of an agreement of sale entered into by and between them and the 1stDefendant to the suit.Defendants 2 to 5 have been got impleaded as such subsequent to the institution of the suit.

(3.) The prayer that is sought to be introduced by way of amendment of the plaint is concerning refund of money, said to have been paid by the Plaintiffs to the 1stDefendant in the suit, in pursuance of the agreement of sale, which was the basis for the institution of the suit itself. It has been specifically averred by the Plaintiffs and so was understood by all parties concerned that this portion of the relief is only an alternative relief, which is sought to be raised.