BAKKA LINGAMAIAH Vs. BAKKA MALLAIAH

JUDGEMENT

(1.) This revision arises out of an order, dated 30-7-2004, passed by the Court of I Additional District Judge, Medak at Sangareddy, in I.A.No.289 of 2004 in A.S.No.26 of 1997. A.S.No.26 of 1997 arose out of a decree in O.S.No.67 of 1992, on the file of the District Munsif, Sangareddy.

(2.) Bakka Lingamaiah, the father of the petitioners herein, filed the suit for partition and separate possession of the suit schedule properties against the respondents herein. He pleaded that the suit schedule properties were held by a common ancestor, late Balarajaiah, and that himself and the respondents are entitled to shares in the same. The suit was contested by the respondents, and ultimately it was dismissed, holding that the suit schedule land was the self-acquired property of late Balarajaiah, and that he in turn executed a will in favour of the respondents. Aggrieved thereby, Lingamaiah, preferred appeal. During the pendency of the appeal, he died and the petitioners came on record as Legal Representatives.

(3.) The petitioners filed I. A. No.289 of 2004, under Order 6 Rule 17 C.R.P.C., seeking amendment to the plaint. They intended to substitute the words "That the properties were the properties of the deceased father of the parties late Balarajaiah," with the expression "That the properties are the ancestral properties, the father of the parties Balarajaiah has inherited from their ancestors". The petitioners pleaded that their father was not worldly wise and did not instruct the counsel properly, as to the nature of the properties. It was their case that the unamended pleading is rather equivocal and the amendment would bring about an element of certainty.