SOGRA BEGUM Vs. GHOUSIA BEGUM

JUDGEMENT

(1.) This civil revision petition is filed challenging the order passed in I.A. No. 118 of 2017 in O.S. No. 2178 of 2012 passed by the XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, dated 02.03.2017, dismissing the application filed under Order VI rule 17 r/w 151 C.P.C and Rule 28 of Civil Rules of Practices (for short 'Rules')

(2.) The petitioner filed I.A.No.516 of 2016 under Order I Rule 10(2) r/w 151 C.P.C to implead defendants 2 to 4 and the same was allowed on 009.2016 as the defendants sold the property during pendency of the suit. Thereafter, no consequential amendment was made to the plaint as required under Rule 28 of Civil Rules of Practise. Therefore, the I.A.No.118 of 2017 is filed seeking leave of the Court to amend the plaint incorporating several paragraphs employed, both in the affidavit and the petition, including cause of action in the suit.

(3.) The respondent filed counter, denying material allegations disputing the proposed amendments, contended that the petitioner cannot be permitted to amend the plaint, as it is belated and at the present stage, the petition is not maintainable. Moreover, in the absence of any explanation for the delay, the proposed amendment cannot be permitted at this stage, as the suit reached for argument stage, after completion of entire trial.