SILUVERU LAKSHMAMMA Vs. SILUVERU SANKARAIAH

JUDGEMENT

(1.) THIS Court ordered notice before admission on 23. 04. 2008 and granted interim stay for a limited period, which is being extended from time to time. Sri K. Somakonda Reddy, learned counsel, entered appearance on behalf of the respondents and at the request of the learned counsel on record, this C. R. P. , is being disposed of finally at the stage of admission.

(2.) SRI K. Rathanga Pani Reddy, the learned counsel for the petitioner, would maintain that the amendment which had been prayed for in the plaint is only ancillary to the main relief prayed for in the suit. The learned counsel also would maintain that the Court below should have appreciated that the suit is filed for cancellation of gift deeds obtained by the defendants 1 and 2 by playing fraud, and consequential relief of possession, the amendment sought to be introduced would neither change the nature of the suit nor if allowed, would cause any prejudice at all. The learned counsel further would maintain that to avoid multiplicity of proceedings, the amendment could have been allowed by the learned I Additional District Judge, Kurnool, instead of dismissing the said application. The learned counsel placed strong reliance on the decision of the apex Court in State of A. P. , and others V. M/s. Pioneer Builders, A. P. , 1 2007 1 ALT 43.

(3.) ON the contrary, Sri K. Somakonda Reddy, learned counsel representing the respondents, would maintain that the suit was posted for arguments and at that stage this application has been thought of. The learned counsel also had taken this Court through the reasons that had been recorded by the learned I additional District Judge, Kurnool and would maintain that in the light of the amended proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908 (CPC)unless the conditions specified in the proviso are satisfied, the application cannot be allowed. The learned counsel also laid emphasis on the aspect that this application had been thought of at the belated stage when the suit was posted for arguments. The learned counsel placed strong reliance on the decision of the Apex Court in Chander Kanta Bansal V. Rajinder Singh Anand, 2 2008 5 SCC 117.