THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY
CIVIL REVISION PETITION No. 3436 OF 2014 Dated:06-12-2014 Between:
M/s. SKS Microfinance Limited
... PETITIONERS
AND
M/s. Maruti Infraventures Pvt Ltd., and two others
. RESPONDENTS
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 3436 OF 2014 ORDER:
The petitioner filed O.S No. 70 of 2010 against the respondents in the Court of XXVII Additional Chief Judge, City Civil Court, Secunderabad for recovery of certain amount. During the pendency of the suit, they filed I.A No. 226 of 2013 under Order VI Rule 17 CPC with a prayer to permit them to amend the plaint. The application was ordered on 21-03-2014. However, the petitioner failed to carry out the amendments to the plaint within the stipulated time. Therefore, an order was passed on 07-04- 2014 recalling the permission accorded for amendment. The petitioner filed I.A No. 486 of 2014 under Section 151 CPC, with a prayer to permit them to carry out the amendment in the plaint by filing a neat copy and for recalling the order dated 07-04-2014. The trial Court dismissed the application through order dated 16- 09-2014. Hence, this revision.
Heard Smt. Neelam Gautam Narania, learned counsel for the petitioner and Sri Resu Mahender Reddy, learned counsel for the respondents.
There was a serious lapse on the part of the petitioner in reaping the benefit of the order passed in I.A No. 226 of 2013. The amendment ought to have been carried out within the stipulated time and a neat copy of the plaint ought to have been filed. However, the lapse is mostly on the part of the advocate of the petitioner. Even the application for necessary ratification in this regard was not properly filed. Instead of filing an application under Section 148 CPC, the one under Section 151 CPC, that too with a vague prayer was filed. Strictly speaking, no exception can be taken to the order under revision. However, the petitioner cannot be denied the benefit of the order passed in I.A No.226 of 2013. The inconvenience caused to the respondents can be reduced to certain extent by awarding costs.
Hence, the C.R.P is allowed and the order under revision is set aside. I.A No. 486 of 2014 is allowed on condition that the petitioner shall pay costs of Rs.1,000/- to the respondents within two weeks. The petitioner is granted two weeks time to carry out the amendment.
The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J
06-12-2014
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