TODENDULA VENKATA KRISHNAIAH Vs. UPPU GANGAIAH

JUDGEMENT

(1.) The petitioner is the defendant in O.S.No.301 of 1998 on the file of the Court of the Principal Junior Civil Judge, Kovur, Nellore District. The respondent filed the suit for declaration regarding suit irrigation channel and mandatory injunction. He filed an application being I.A.No.1361 of 2002 under Order VI, Rule 17 of the Code of Civil Procedure, 1908 ('CPC') praying the trial Court to permit him to substitute '1997' in the place of '1987' in the cause of action paragraph.

(2.) It is his case that in the paragraph narrating the cause of action, by mistake, instead of 1997 it was mentioned as 1987 and that it is a typographical mistake and, therefore, he may be permitted to amend the same as 1997 in the relevant paragraph. The petitioner opposed the application contending that when in written statement he has taken a plea to the effect that as the cause of action arose on 5-4-1987, the suit beyond three years is barred by limitation. A suggestion was also made to the respondent during the evidence that the suit channel was closed on 5-4-1997 and that at the time of arguments, the amendment cannot be allowed. He also contended that allowing the amendment would amount to introducing a new fact in the pleadings and it would cause prejudice to him.

(3.) The learned trial Judge, by order dated 1-11-2002 made in I.A.No.1361 of 2002, believed the version of the respondent and allowed the amendment as prayed for. In the impugned order, the learned trial Judge observed as under. In view of the finding as mentioned earlier that the year '1987' proposed to be amended as '1997' in cause of action para of the plaint in O.S.No.301 of 1998 is only due to clerical mistake, this petition shall be allowed permitting the petitioner to amend the year '1987' in cause of action para of the plaint in O.S.No.301 of 1998. Since this petition is filed at belated stage, petitioner shall be directed to pay Rs.100/- to the respondent.