KODALI UDAYALAXMI Vs. INDUGU ARUNA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 21/2/2019 (Annexure-4) passed by learned Senior Civil Judge, Rayagada in Civil Suit No.141 of 2015 is under challenge in this CMP, whereby an application filed by the Plaintiff-Petitioner under Order VI Rule 17 CPC for amendment of plaint, has been rejected.

(3.) Mr. Sahu, learned counsel for the Petitioner submits that the suit has been filed for declaration that the sale deed dtd. 1/3/2013 executed in favour of the Defendant is null and void and not binding on the Plaintiff, the Mutation Case No.990 of 2013 dtd. 9/12/2013 of the Court of Tahasildar, Rayagada is null and void and binding on the plaintiff and for permanent injunction. After filing of the written statement, it was necessitated for the Plaintiff to amend the plaint to clarify certain factual aspects. Hence, an application for amendment under Order VI Rule 17 CPC was filed proposing the following amendment: