KORLA SURANNA DIED Vs. TUMMALAPALLI GANGAMMA

JUDGEMENT

(1.) This C.R.P. is directed against the order in LA. No.1268/1993 in O.S. No.167/1987 on the file of Principal District Munsif, Ramachandrapuram, dated 30-9-1994, refusing an amendment to the plaint under Order VI Rule 17 of the Code of Civil Procedure.

(2.) The revision petitioner is the plaintiff in O.S. No.167/1987, wherein he sought for declaration of right, title and interest and possession of the suit property. He based his title upon a sale deed dated 16-10-1939, the consideration thereunder being Rs.38/-. He asserted in the affidavit that due to oldage he could not give the correct particulars of the transaction under which his father purchased the suit property and that the date of transaction 16-10-1939 was wrong. It is further asserted that subsequently it came to light that the sale deed is dated 15-7-1941 and he has led the evidence accordingly. He, therefore, sought for amendment of the plaint at two places viz., in para 3 to substitute "15-7-1941 for Rs.100/-" for "16-10-1939 for Rs.38/-" and in para 7 of the plaint the date 16-10-1939 to be substituted by '15-7-1941'. The respondents-defendants resisted the petition by filing a counter. On a consideration of the rival averments, the learned Munsif held that the amendment, would amount to substitution of cause of action and dismissed the petition.

(3.) Mr. N.V. Suryanarayana Murthy, learned Counsel for the revision petitioner strenuously contended that the source of title is stated in the plaint and it remains same and the only amendment is in the date of sale deed and hence it is formal in character and the cause of action does not change in any manner. Mr. Prabhakar Rao supported the impugned order.