GHOUSE ALI KHAN Vs. AMEENA BEGUM

JUDGEMENT

(1.) THIS civil revision petition is directed against the order dated 13-03-2008 passed in I. A. No. 1068 of 2007 in O. S. No. 612 of 2002 on the file of the Principal Junior Civil judge, Nizamabad, whereby and whereunder the learned Principal Junior Civil Judge dismissed the application filed by the petitioner/1st defendant seeking certain amendments in the written statement.

(2.) THE 1st respondent is the plaintiff. She filed a suit for partition and separate possession of her share in the A to D schedule properties. The petitioner/1st defendant entered appearance and filed written statement. He took the plea that his father sold the properties mentioned in the 'a' schedule of the plaint during his lifetime. He further took the plea that his father during his lifetime gifted 'b and C' schedule properties to him. He stated in para. 4 of the written statement that the plaintiff herself sold the 'b' schedule properties and utilized the sale proceeds. After filing written statement, the petitioner/1st defendant came to know that a mistake has been crept in paras. 4 and 5 of the written statement with regard to the mentioning of the schedule of the properties, which have been sold by the plaintiff. Therefore, he filed I. A. No. 1068 of 2007 seeking amendment of the written statement. The plaintiff resisted the application. The learned Principal Junior Civil judge, on hearing the counsel appearing for the parties, dismissed the application on the ground that the petitioner/1st defendant sought amendment of the written statement at a belated stage, by order dated 13-03-2008. The said order is under challenge in this Civil Revision Petition.

(3.) NOTICE before admission came to be ordered on 27-06-2008. The respondent entered appearance through a counsel.