SHAIK GHOUSE MOHIDEEN Vs. PUNAGANI ERIKALAMMA ALIAS SETTAMMA

JUDGEMENT

(1.) The Order in IA No.163 of 1995 in AS No.4 of 1990 on the file of Subordinate Judge, Rajampet, dated 13-2-1996 refusing amendment of written statutory under Order VI, Rule 17 CPC, is assailed in this CRP.

(2.) The facts in brief are that the revision petitioners are defendant Nos.2 to 7 and 9 in OS No.87 of 1985 and they sought for an amendment of written statement to enable them to take the plea of adverse possession and that the suit is not maintainable as the suit schedule is incorrect and the property belongs to the Government, who is a necessary party.

(3.) The petition is resisted by the respondents-plaintiffs on the ground that the new pleas completely alter the nature of the defence and that there are no bona fides in the proposed amendment. The learned Subordinate Judge, on a consideration of the rival contentions, held that the plea sought to be taken is entirely a new plea which will change the nature and character of the defence and accordingly dismissed the petition. Hence, the revision petition.