CHUNCHU LAXMINARAYANA Vs. P ANDEMMA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the order, dated 3-12-2003 passed by the learned II Additional Senior Civil Judge, Warangal, in I.A. No.533 of 2003 in O.S. No.204 of 1990.

(2.) One Sri Lakshminarayana, the husband of the second petitioner and the father of petitioners 3 to 11 filed the suit for the relief of recovery of possession of the suit schedule property, admeasuring 125 square yards. On account of the death of the original plaintiff, the petitioners herein were brought on record as legal representatives. On an earlier occasion, the suit was dismissed on a preliminary issue. Petitioners filed A.S.No.28 of 1999 on the file of the Court of the District Judge, Warangal, against the dismissal of the suit. The appeal was allowed on 19-5-2003, and the matter was remanded for fresh disposal. The respondent filed S. A. No.643 of 2003 before this Court. The judgment of the lower appellate Court was affirmed, but certain directions were issued to the trial Court in the matter of disposal of the suit.

(3.) Petitioners filed I.A. No.533 of 2003 under Order VI Rule 17 of the Code of Civil Procedure, 1908, for amendment of the plaint. Their contention was that on account of the fact that they came on record at a later point of time, certain facts needed to be elaborated. The plaint was sought to be amended mainly on two aspects, viz., substitution of the paragraph relating to the cause of action, and description of the property. It was urged that subsequent to the filing of the suit, the respondent acquired right in respect of 41.2 square yards out of the suit schedule property, in pursuance of a decree in O.S. No.543 of 1984. So far as the cause of action is concerned, it was urged that the disposal of O.S. No.585 of 1982, on the file of the Court of II Additional District Munsif, on 31 -3-1989, gives rise to it, but not the dispossession of theoriginal plaintiff by the respondent herein, as pleaded in the original plaint.