POCHREDDY SRIHARI REDDY Vs. VEERIBOINA HARIKRISHNA

JUDGEMENT

(1.) This revision is directed against the order dated 18.11.2010 passed in I.A.No.410 of 2010 in O.S.No.648 of 2008 by the II Additional senior Civil Judge, Nellore.

(2.) The petitioner herein is the defendant in the Original Suit. He filed written statement on 26.03.2009 and subsequently, he filed additional written statement on 28.08.2009. The trial commenced on 12.11.2009. P.W.1 was partly cross examined on 24.02.2010 and 08.03.2010. Subsequently, the petitioner herein filed I.A.No.140 of 2010 seeking permission to amend the additional written statement, inter alia, contending that there is a typographical mistake in mentioning the date as 25.06.2009 instead of 26.06.2009. A further amendment was sought that in the place of the the words "in respect sale transaction", it should be "in respect of completion of sale transaction". His main contention is that the said typographical mistake came to his notice while going through the contents of the chief affidavit filed by P.W.1 and that there is no willful default or negligence on his part and that the mistakes will not change the cause of action and will not cause prejudice to the plaintiff. The lower Court dismissed the said I.A.

(3.) The main contention of the learned counsel for the petitioner is that it is only a typographical mistake and the lower Court ought to have allowed the application. On the other hand, learned counsel for the respondent submits that a party cannot be allowed to amend his pleadings after commencement of the trial, particularly after cross examination of a witness.