LAWS(APH)-2019-7-15

SAVANAM POLAMMA Vs. SATTUPALLI PURNACHANDRA RAO

Decided On July 02, 2019
Savanam Polamma Appellant
V/S
Sattupalli Purnachandra Rao Respondents

JUDGEMENT

(1.) This revision is preferred by the petitioners/plaintiffs questioning the order, dtd. 4/6/2018, passed in I.A.No.1095 of 2014 in O.S.No.345 of 2006 on the file of the court of Principal Junior Civil Judge, Chirala, by virtue of which the court below dismissed the petition, which was filed by the petitioners seeking to amend the plaint, adding the relief of declaration with regard to Bode canal XYRS, considering that the petition was filed at a very belated stage.

(2.) Impugning the said order, this revision is preferred on the grounds that the court below ought to have allowed the application and that it incorrectly held that the plaintiffs failed to establish due diligence in filing the present application. The plaintiffs have showed due diligence in prosecuting the suit by adducing evidence. The defendants filed counter claim, in view of which the amendment of plaint is necessitated. The court below failed to consider that there is a specific pleading that there is no necessity to adduce further evidence in the event of allowing the present application. The court below ought to have seen that to decide the dispute finally, adjudication of XYRS bode canal water course is very much essential.

(3.) Heard Sri Naga Praveen Vankayalapati, learned counsel for the petitioners and Sri M.Chalapati Rao, learned counsel for the respondents.