T.MAHENDAR Vs. MUTYAMSHETTE

JUDGEMENT

(1.) This revision is filed challenging the order dated 11.07.2018 in I.A.No.1147 of 2017 in O.S.No.1893 of 2005 passed by the VII Additional Senior Civil Judge, L.B. Nagar, Ranga Reddy District, whereunder an application filed seeking amendment of plaint including plaint schedule properties was dismissed.

(2.) The facts of the case, in brief, are as under:

(3.) The Court below, under the impugned order, dismissed the application stating that no scrap of paper was filed by the petitioner to prima facie come to the conclusion that the new properties sought to be included are joint family properties. Moreover, the plaintiff has concluded his evidence and the respondents have filed their affidavit. The suit was filed in the year 2005 and the petitioner is claiming that he received information about the properties form a near relative on 20.12.2016. There is no explanation from the petitioner as to what efforts were put in to gather the details of joint family properties till 2016. It is clear that the petitioner has not made any efforts to gather the details of joint family properties; only because D.W.1 deposed in the cross-examination that there is a bungalow in his name and other properties in the name of his brother, the petitioner filed this petition and the petitioner has failed to establish any ingredient to permit him to amend the schedule of the property under Order VI Rule 7 of the Code of Civil Procedure.