TATAVARTHI SIRISHA Vs. LAKSHMI VENKATESWARA EDUCATIONAL SOCIETY

JUDGEMENT

(1.) This Revision Petition, under Article 227 of the Constitution of India, is preferred against the order, dtd. 1/6/2016, in I.A.No.236 of 2015 in O.S.No.20 of 2009 on the file of the Court of the Senior Civil Judge, Kavali, SPSR Nellore District, (in short 'the court below'), which was filed under order VI, rule 17 and 151 of CPC to permit the petitioners to amend the plaint as described in the petition.

(2.) The petitioners herein are the plaintiffs and respondents herein are the defendants before the court below.

(3.) The plaintiffs i.e petitioners herein have filed a suit for permanent injunction against the defendants in respect of the plaint schedule property. It is contended that while preparing the chief affidavit, it was found that the sale deed in question dtd. 5/2/1999 executed by 2nd respondent in favour of the 1st respondent as spurious, sham and nominal, but they did not seek relief of declaration. In order to avoid multiplicity of litigation, an application has been in the said suit vide I.A.No.236 of 2015. The trial court after hearing on both the sides held that there was no relief sought by the plaintiffs in the suit. The limitation for seeking the relief of cancellation of sale deed is 3 years. Therefore, the plea taken by the plaintiffs is barred by limitation and that dismissed the petition. Assailing the same, the present revision came to be filed.