LAWS(APH)-2004-1-19

CHOPPA RAMBABU Vs. CHOPPA DEMUDAMMA

Decided On January 27, 2004
CHOPPA RAMBABU Appellant
V/S
CHOPPA DEMUDAMMA Respondents

JUDGEMENT

(1.) learned Counsel representing the petitioners and Sri Subrahmanyam, learned Counsel representing the respondents.

(2.) The petitioners/plaintiffs filed this revision against an order made in LA. No.269 of 2003 in O.S. No.72 of 2002 on the file of the Junior Civil Judge, Kottavalasa, dated 30.6.2003. The petitioners/plaintiffs filed LA. No.269 of 2003 in O.S. No.72of 2002 on the file of the Junior Civil Judge, Kottavalasa, under Order 6, Rule 17 of the Code of Civil Procedure (in short referred to as 'code' hereinafter) praying for amendment of the relief portion for recovery of possession of mesne profits. The said application was dismissed observing that the petitioners had filed the said application only to cover the latches and it would amount to allowing the parties to multiply the proceedings. Aggrieved by the same, the present civil revision petition is preferred.

(3.) Sri Seetharam, learned Counsel representing the revision petitioners at the outset had brought to the notice of this Court an order made in C.R.P. No.3295 of 2003 wherein, the similar relief prayed for in an application for amendment of the pleading in a similar suit filed by the self same petitioners/plaintiffs was ultimately permitted by allowing the civil revision petition.