P HAJIRAM BI Vs. M ISMAIL KHAN

JUDGEMENT

(1.) This Civil Revision Petition arises out of order, dated 01.12.2011, in I.A.No. 122 of 2011 in O.S.No. 58 of 2005 on the file of the learned IV Additional District Judge, Tirupati.The petitioners are plaintiff's in the above-mentioned suit filed for partition of the suit schedule properties. When the case was coming up for cross-examination of P.W-1, the respondents, who are defendant Nos. 1 to 5 and 9 to 12, filed I.A.No. 122 of 2011 for amendment of the written statement. This application was opposed by the petitioners mainly on the grounds that it was too belated and that, the respondents failed to show due diligence in raising the pleadings which are now sought to be raised by way of amendment. The lower Court having considered the rival pleadings, allowed the application by permitting the respondents to amend the written statement.

(2.) At the hearing, Sri K. Maheswar Rao, learned counsel for the petitioners, strenuously argued that the lower Court has committed a serious error in allowing the respondents' application for amendment of the written statement at a far too belated stage when the case was coming up for cross-examination of P.W.-1. He has further argued that the respondents failed to show due diligence and therefore, the lower Court ought not to have allowed the application of the respondents for amendment of the written statement.

(3.) Sri S.V. Muni Reddy, learned counsel representing Sri B. Sudhakar, learned counsel for the respondents, opposed the above submissions of the learned counsel for the petitioners.