THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.2060 OF 2014 DATED 21st NOVEMBER, 2014 Between:
Adapa Anandha Rao and another … Petitioners and Venakanti Srimannarayana and another … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION NO.2060 OF 2014 O R D E R The defendants in O.S. No.415 of 2010 on the file of the learned II Additional Junior Civil Judge, Warangal, are the petitioners. They are aggrieved by the order dated 02.04.2014 passed by the trial Court in I.A. No.245 of 2012 filed by the plaintiffs in the suit seeking amendment of their plaint prayer under Order 6 Rule 17 CPC. By the order under revision, the trial Court permitted the said amendment.
It is an admitted fact that the trial had commenced in the suit by the time the amendment was permitted. However, the trial Court completely lost sight of the amended provisions of Order 6 Rule 17 CPC and more particularly, the Proviso thereto. The trial Court failed to record its satisfaction as to whether the amendment was permissible in terms of the required diligence to be exercised by the party seeking such amendment. This aspect gained prominence in the light of the defendants’ claim that the amendment sought as regards cancellation of a document was with reference to a document which was referred to in the plaint itself. This fact, prima facie, indicated lack of diligence. However, the trial Court did not examine this aspect of the matter. The order under revision is accordingly set aside and the matter is remitted to the file of the learned II Additional Junior Civil Judge, Warangal, for consideration afresh in accordance with law after giving due opportunity of hearing to both parties.
The civil revision petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.
SANJAY KUMAR, J 21st NOVEMBER, 2014
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