CH V SUBRAHMANYA BABU Vs. CH LAKSHMANA DAS

JUDGEMENT

(1.) The Revision petitioners are the plaintiffs in O.S.No. 686 of 1989 pending on the file of the Court of the subordinate Judge, Vijayswada. The suit is filed for prepetual injunction and damages. The plaintiffs filed L.A.No. 3074 of 1994 under order 6, Rule 17 CPC seeking amendment of the relief praying the court to permit the petitioner-plaintiffs to seek the relief of recovery of possession of the suit premises. The said application was rejected by the learned trial Judge by the order under Revision.

(2.) Heard the learned counsel for the Revision petitioners and the learned counsel for the respondent-defendant.

(3.) Learned counsel for the Revision petitioners would contend that the learned trial Judge is not justified in rejecting the application on the ground that the amendment, if allowed, would alter the very nature of the suit The learned counsel would further submit that the reason given By the trial Judge to reject the application on the ground that the application came to be filed at a belated stage is not justified in the facts situation of the present case.