RAKESH BHATIA Vs. G PARIMALA

JUDGEMENT

(1.) This revision petition arises under peculiar circumstances.

(2.) The petitioners filed O.S. No.35 of 2002 in the Court of the VIII Additional Senior Civil Judge (Fast Track Court), City Civil Court, Hyderabad against the respondents for recovery of a sum of Rs.3,83,000/-. The respondents filed written statements denying their liability. The trial of the suit commenced and the evidence was closed. At that stage, the first respondent came forward with I.A. No. 108 of 2004 under Rule 17 of Order 6 C.P.C. stating that she noticed certain interpolations in the plaint, which according to her were made at a subsequent stage. She sought permission of the Court to effect necessary amendments in the written statement, to deal with the alleged interpolations in the plaint. The application was resisted by the petitioners. The trial Court, however, passed an order, dated 20-12-2004 permitting the first respondent to carry out the' amendments. The same is challenged in this revision.

(3.) Learned Counsel for the petitioners submits that the trial Court committed an error, in according permission to amend the written statement, without ascertaining as to what precisely, the proposed amendment is. He submits that taking advantage of the permission accorded by the trial Court under the order under revision, the first respondent added about twenty paragraphs in the written statement, making baseless and irresponsible allegations. He contends that the very permission accorded by the trial Court through the order under revision is contrary to law.