MANEPALLI VENKATA LOKANATHA PRASAD Vs. GOGINENI SURYANARAYANA

JUDGEMENT

(1.) This revision petition is filed against the order dated 7-8-1999 in I.A.No.463 of 1997 in OS No.270 of 1995 on the file of Senior Civil Judge, Avanigadda.

(2.) Facts leading to the filing of this revision petition are as follows: The respondent filed the money suit in OS No.270 of 1995 to recover a sum of Rs.1,35,554/-. As per the averments in the plaint, the plaintiff lent a sum of Rs.90,000/- on 20-10-1990, and on the same day obtained the suit promissory note in favour of the plaintiff from the defendants 1, 2, 5 and 6. During the pendency of the suit, the plaintiff filed a petition under Order 6, Rule 17 CPC in 1A No.463 of 1997 seeking the permission of the Court to amend the plaint. By way of amendment the plaintiff wanted to plead that though the amount was borrowed on 20-10-1990, as revenue stamp was not available on that day, on a later date i.e., on 15-11-1991 promissory note was obtained and at the time of obtaining the promissory note on 15-11-1991, as the amount was lent on 20-10-1990, the date of promissory note was also shown as 20-10-1990. The amendment was opposed by the defendants.

(3.) The learned Senior Civil Judge observed in his order that if the plaintiff is permitted to amend the plaint by inserting the proposed pleadings, it would not cause any prejudice to the rights of the defendants and if the amendment is permitted the defendants will be having legal right to file the additional written statement to the amended pleadings sought to be added in the plaint and the amendment does not change the subject matter of the suit, causing prejudice to the rights of the defendants. Accordingly, by his order dated 7-8-1999 he allowed the petition. Aggrieved by that order the defendants in the suit preferred this revision petition.