GUDIMETLA DURGA PRASAD REDDY Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) This civil revision petition, under Article 227 of the Constitution of India, by the defendants is directed against the orders, dtd. 18/9/2018, allowing IA.No.516 of 2018 in OS.No.67 of 2017 on the file of the Court of Principal Junior Civil Judge, Srikakulam, filed under Order VI Rule 17 CPC read with Rule 28 of the Civil Rules of Practice to amend the word 'defendant' paragraphs (a) and (b) of third page of the plaint as 'defendants 1 to 3 jointly and severally'.

(2.) Heard Sri S.Srinivasa Rao, learned counsel appearing for the revision petitioners/defendants 2 and 3 and Sri Sudha Madhuri Govindu, learned counsel for the 1st respondent/plaintiff. The parties shall hereinafter be referred to as the plaintiff, defendant No.1 and defendant No.2 for the sake of convenience and clarity.

(3.) The case of the plaintiff in the affidavit filed in support of the petition seeking amendment, in brief, is as follows: The plaintiff brought the suit against the defendants 1 to 3 for recovery of the loan amount. The 1st defendant is the borrower and defendants 2 & 3 are the guarantors and the suit was initially filed by their panel advocate, Sri V. Prabhakara Rao, who died recently. At the time of filing of the suit, due to typographical mistake, i.e., instead of mentioning 'defendant Nos.1 to 3 jointly and severally', in the prayer portion in paragraphs (a) and (b) in page No.3 of the plaint, it is wrongly mentioned as 'defendant'. Hence, the present petition seeking amendment.