KOSURU DHANALAKSHMI Vs. MUNGARA RAM PRASAD REDDY

JUDGEMENT

(1.) The petitioners and the 2nd respondent herein filed O.S.No.84 of 1989 in the Court of I Additional Senior Civil Judge, Nellore, for the relief of specific performance of an agreement of sale dated 19.09.1982 against the 1st respondent herein. It was pleaded that suit schedule property was agreed to be sold for a sum of Rs.50,000/- and that initially a sum of Rs.7,000/- was paid as advance and thereafter, balance was paid by the 1st plaintiff i.e., 2nd respondent herein. Though in the plaint, it was pleaded that the possession of the property was delivered to them, mentioning that they lost the possession of the property after filing of the suit, the petitioners filed I.A.No.515 of 2006 for amendment of the plaint, to incorporate the prayer for recovery of possession. That was ordered on 21.07.2006.

(2.) The trial of the suit commenced somewhere in the year 2009. The 2nd respondent, who figured as the 1st plaintiff, is said to have filed I.A.No.141 of 2002 stating that he did not sign the vakalat and plaint and that he has no concern with the suit at all. It is stated that the application was ordered in the recent past and in view of that development, the petitioners filed I.A.No.57 of 2009 under Order 6 Rule 17 C.P.C. with a prayer to permit them to amend the prayer in the suit. The prominent amendment was in relation to the change of stand by the 2nd respondent and the attempt of the petitioners to implead Sri Kosuru Govindaiah, the husband of the 1st petitioner, who has deposed as P.W.1. The application was opposed by the 1st respondent by raising several grounds. Through its order, dated 22.06.2009, the trial Court dismissed the I.A. Hence, this revision.

(3.) Heard Sri M.Ravindranath Reddy, learned counsel for the petitioners and Sri P.Ganga Rami Reddy, learned counsel for respondent No.1. None appears for the 2nd respondent.