Mir Inayath Ali v. Mir Riyasath Ali

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.376 OF 2012 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed aggrieved by the order, dated 27.12.2011, passed in I.A.No.640 of 2011 in O.S.No.591 of 2007 by the learned I Additional Junior Civil Judge, Machilipatnam. Originally, the petitioner has filed the aforesaid Suit for injunction simplicitor. Thereafter, he filed I.A.No.640 of 2011 seeking amendment of prayer, for declaration of title and for consequential injunction. The Court below, by impugned order, dated 27.12.2011, dismissed the I.A. mainly by relying on the judgments in Syed Shakir Ulla v. N.J. Rosy, Kondagani Rajeshwar Rao and another v. Gandu Sammaiah and N. Ranga Rao v. N. Gopal Naidu and others and in view of the proviso added to Order VI Rule 17 C.P.C. by way of amendment, as per which, unless the party establishes that in spite of due diligence, care and caution, he could not seek such relief earlier, he is not entitled to seek amendment.

In view of the reasons recorded by the Court below, I do not find any illegality in the impugned order, so as to interfere with the same in exercise of jurisdiction under Article 227 of the Constitution of India. However, it is open to the petitioner to file a separate Suit for declaration, if he so chooses. Accordingly, the Civil Revision Petition is dismissed. Miscellaneous Petitions, if any, pending in this revision petition shall stand closed.

No costs.

______________________ R. SUBHASH REDDY, J March 27, 2015 MD