NARASAMMA Vs. PRAMEELA AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition at the instance of plaintiff is directed against the order dated 04.10.2017 in I.A. No. 121 of 2017 in O.S. No. 57 of 2000 passed by the Junior Civil Judge, at Narayanpet, dismissing the petition filed by the plaintiff under Order 6 Rule 17 CPC seeking amendment of the plaint.

(2.) Factual matrix of the case is that plaintiff filed O.S. No. 57 of 2000 against the defendants 1 to 6 seeking relief of declaration of her right in respect of plaint schedule plot measuring 141 sq. yards in Sy. No. 1/AA appurtenant to H. No. 1-145/3 with the boundaries mentioned in the plaint schedule. It appears when the matter was coming up for judgment the trial Court framed an additional issue and gave opportunity to both parties to lead evidence on additional issue. At that time, plaintiff having realized that the pleadings relating to cause of action not properly mentioned, sought permission of the Court to amend paras-11 and 13 of the plaint and to insert that on 21.04.2000 defendants 2 to 6 have denied the title of plaintiff over the suit plot and tried to disturb her possession. The said petition was dismissed by the trial Court as it was belated one.

(3.) Heard arguments of Sri. Yogesh Kumar Heroor, learned counsel for petitioner and learned G.P. for Arbitration for R2 to R6. Notice sent to R6 returned unserved.