IN THE
HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT
HYDERABAD
HONOURABLE
SRI JUSTICE RAJA ELANGO
CIVIL
REVISION PETITION No:738 OF 2012
KOVVURI
VENKATA LAKSHMI
VS
KUNAPAREDDY
VENKATA NAGESWARA RAO
ORDER:
This
revision is filed by the petitioner-plaintiff challenging the order dated
5.1.2012 passed in I.A.No.876 of 2012 in O.S.No.21 of 2002 by the Senior Civil
Judge, Tanuku, West Godavari District.
The
petitioner-plaintiff filed the above suit for specific performance of an
agreement of sale. In the said suit, the respondent-defendant filed the
above application under Order 6 Rule 17 and section 151 CPC to permit him to
amend the written statement earlier filed by him by adding some new
paragraphs. The trial Court allowed the said application. Aggrieved
by the same, the present revision is filed by the petitioner-plaintiff.
Heard
both the Counsel and perused the material available on record.
On a
perusal of the order impugned, it is clear that the proposed amendment is
explanatory to the earlier stand taken by the respondent-defendant in the
written statement and it does not alter the defence earlier taken by the
respondent-defendant. Further, when the defendant is permitted to amend the
pleadings in the written statement, it is open for the plaintiff to file
rejoinder regarding such amended pleadings in the written
statement.
In the
circumstances, this Court is not inclined to interfere with the order under
revision and hence, the revision petition is liable to be dismissed.
Accordingly,
the Civil Revision Petition is dismissed. No
order as to costs. All the miscellaneous petitions pending, if any, are closed.
_________________
Justice
Raja Elango
Date: 15th June,
2012
Nn.
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