CHAPIDI VENKATA SUBBA REDDY Vs. KONDURU INDRAVATHAMMA

JUDGEMENT

(1.) This revision is directed against the order dated 14.02.2011 passed in I.A. No. 1730 of 2009 in O.S. No. 148 of 2008 on the file of the Principal Senior Civil Judge, Rajampet, YSR Kadapa District, whereby and whereunder, the petition filed by the Petitioners/Defendants seeking amendment of the written statement came to be allowed.

(2.) The Petitioner is the Plaintiff in O.S. No. 148 of 2008 on the file of the Principal Senior Civil Judge, Rajampet. He filed the suit against the Respondents/Defendants for recovery of Rs. 6,75,000/- basing on the agreement dated 02.4.2008. The Respondents/Defendants entered appearance in the suit and resisted the claim of the Petitioner/Plaintiff by filing written statement. The 1st Respondent-1st Defendant filed written statement denying the execution of the suit agreement. She pleaded in the written statement that she did not receive any consideration from the Plaintiff. Subsequently, the Respondents-Defendants filed I.A. No. 1730 of 2009 under Order VI Rule 17 Code of Civil Procedure seeking amendment of written statement by deletion of certain paragraphs therein and substitution of the same with other paragraphs. The amendment of the written statement as sought for, reads as hereunder:

(3.) It is stated in the affidavit filed in support of I.A. No. 1730 of 2009 that the Defendants never instructed their counsel to take the plea of forgery of suit agreement and instead, they instructed the counsel that the Plaintiff without complying the terms and conditions of the agreement dated 02.04.2008 filed the suit.