M VENKATA SUBBAIAH Vs. K CHANCHU OBAIAH

JUDGEMENT

(1.) This petition is filed by the petitioner, who is not a party to the impugned order, to grant leave to prefer the C.R.P. against the order in I..No.47 of 1994 dated 13-9-1994 passed by the Subordinate Judge, Kovur.

(2.) The brief facts of the case are as under: The respondents herein filed O.S. No.530 of 1981 on the file of the District Munsif, Atmakur for specific performance of a contract of sale in respect of the suit schedule property in pursuance of the sale agreement dated 15-6-1973 said to have been executed by K. Pitchaiah. The suit was resisted by the defendants contending that the alleged agreement of sale was a forged one. An issue was also framed in that regard which was found in favour of the plaintiffs and the suit was decreed. Against that the defendants preferred appeal A.S. No.4 of 1990 before the Subordinate Judge, Kovur. In that appeal the appellants 3 and 4 filed I. A. No.67 of 1994 under Order VI Rule 17 C.P.C. seeking amendment of the written statement by taking the plea of legal necessity. The respondents herein contested the said application. The appellate Court after hearing the parties dismissed the said petition, holding that/the amendment sought for will cause prejudice to the respondents.

(3.) Against that order, assailing the same as illegal and improper, the petitioner herein who is not a party to that application, filed the present revision.