SYED KALEEMULLA QUADRI Vs. YARASIHGH VISHNUVARDHAN AND ORS.

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/plaintiff, challenging the order, dated 29.04.2019, passed in I.A.No.267 of 2019 in O.S.No.27 of 2013, by the III Additional District Judge, Karimnagar, whereby, the petition filed by the respondents 1 and 2 herein/defendants 13 and 14 under Order VI Rule 17 read with Section 151 of CPC and Rule 28 of the Civil Rules of Practice, for amendment of written statement, was allowed.

(2.) Heard the learned counsel for both the sides and perused the record.

(3.) The learned counsel for the revision petitioner/plaintiff would contend that the trial in the subject suit in O.S.No.27 of 2013 had commenced by filing the chief affidavit of P.W.1 and marking of the documents. The Court below, under the premise that trial in the subject suit has not commenced, was pleased to allow the subject interlocutory application. The learned counsel further submits that the respondents 1 and 2 herein/defendants 13 and 14 have to establish that in spite of due diligence, such plea was not taken before commencement of trial. There is no finding to that effect in the impugned order of the Court below and ultimately prayed to set aside the order under challenge and allow the Civil Revision Petition as prayed for. In support of his contentions, the learned counsel for the petitioner/plaintiff had relied on a judgment of the Apex Court in Mohinder Kumar Mehra Vs. Roop Rani Mehra and others (2018) 2 Supreme Court Cases 132.