E. SUBRAMANYAM NAIDU Vs. L. SUJATHA

JUDGEMENT

(1.) Assailing the order dated 20.02.2017, passed in I.A. No.853 of 2016 in O.S. No.310 of 2010 on the file of the Principal Junior Civil Judge, Chittoor, wherein an application filed under section 151 of C.P.C. to reject the plaint is dismissed, the present Civil Revision Petition is filed under Article 227 of the Contitution of India.

(2.) Respondent herein filed O.S. No.310 of 2010, seeking perpetual injunction restraining the petitioner herein from interfering with his possession and enjoyment of the plaint schedule property. The defendant/petitioner herein filed I.A. No.853 of 2016 seeking rejection of the plaint stating that the amendment was not carried out by the plaintiff in the plaint in accordance with the proposed amendment mentioned in I.A. No.363 of 2014, hence the plaint is a defective one and is liable to be rejected.

(3.) A counter came to be filed by the respondent/plaintiff stating that since the office copy of plaint does not reflect the actual contents of the plaint filed in the Court, some mistakes arose in preparing the neat copy of the plaint and there is no intention or ill motive. It was also stated that a memo was also filed to return the amended copy, to carry out the amendment as permitted by the High Court and the same is pending consideration. It was also stated that since the suit is posted for filing additional written statement, no prejudice will be caused to the defendant, if the plaintiff is permitted to file a neat copy.