MUTHAM CHETTY MUNEIAHA Vs. M.VENKATA SUBBAIAH

JUDGEMENT

(1.) This civil revision petition is filed by the petitioners - plaintiffs under Article 227 of the Constitution of India challenging the order date 4/3/2024 passed in I.A.No.621 of 2018 in O.S.No.167 of 2012 by the IV Additional District Judge, Tirupati, whereby, the Trial Court dismissed the said interlocutory application filed under Order VI Rule 17 and Sec. 151 of Code of Civil Procedure (for short 'C.P.C.') to amend the plaint.

(2.) For the sake of convenience, the parties to the revision will hereinafter be referred as plaintiffs and defendants, as arrayed before the Trial Court in I.A.No.621 of 2018 in O.S.No.167 of 2012.

(3.) Initially, one Mutham Chetty Muneiaha, who is the husband of petitioner No.2, and father of petitioner Nos.3 and 4 filed suit O.S.No.167 of 2012 for declaration of title and consequential permanent injunction in respect of plaint schedule property. After death of said Mutham Chetty Muneiaha, petitioner Nos.2 to 4 are brought on record vide orders passed in I.A.No.379 of 2019 dtd. 6/11/2019 as plaintiff Nos.2 to 4. After examination of P.Ws.1 to 3, the deceased Mutham Chetty Muneiaha secured some documents from the public authorities about correct genealogy instead of mentioned in the plaint and filed an application in the year 2018 to receive those documents and to amend the plaint as it is necessary to bring true facts on record based on public documents. As the suit was filed way back in 2012, the trial Court dismissed the application I.A.No.621 of 2018 seeking amendment on the ground that the evidence was adduced basing on the earlier pleadings of the both the parties. Aggrieved by the same, the present revision petition is filed by the petitioners - plaintiffs.