LAWS(APH)-2024-9-131

SRAVANAM NAGESWARA RAO Vs. SRAVANAM PAVAN KUMAR

Decided On September 19, 2024
Sravanam Nageswara Rao Appellant
V/S
Sravanam Pavan Kumar Respondents

JUDGEMENT

(1.) This civil revision petition, under Article 227 of the Constitution of India, by the petitioner/petitioner/plaintiff is directed against the orders, dtd. 21/7/2023, dismissing I.A. No. 99 of 2023 in O.S. No. 238 of 2015 on the file of the Court of the Additional Senior Civil Judge, Machilipatnam, filed under Order VI Rule 17 CPC and Sec. 151 CPC to permit the plaintiff to amend the plaint by way of inserting Para No. 5c in the interest of justice.

(2.) Heard Sri A.S.C. Bose, learned counsel appearing for the revision petitioner/plaintiff and Sri Narasimha rao Gudiseva, learned counsel for the respondents/defendants Nos. 3, 5 & 8. The notices sent to the defendants Nos. 2 & 4 to the addresses as before the trial Court were returned un-served with an endorsement 'no such addressee'. The 6th defendant died. Though the defendants Nos. 1, 7 & 9 were served, there is no appearance on their behalf. The parties shall hereinafter be referred to as the plaintiff and defendants 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: