S.G. Shivaraj v. S.G. Neelmma

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CIVIL REVISION PETITION No. 791 of 2015 ORDER:

The present Civil Revision Petition is filed under Article 227 of the Constitution of India challenging the order, dated 31.12.2014, passed in I.A.No.1755 of 2014 in O.S.No.12 of 2008 on the file of Senior Civil Judge at Adoni, Kurnool District. The facts in issue are as under:

An application under Order VI Rule 17 CPC was filed before the trial Court seeking amendment of plaint but the same was rejected on various grounds. Challenging the same, the present revision is filed.

The only ground urged by the counsel for the petitioners is that without hearing the arguments of the learned counsel for the petitioners, the learned Senior Civil Judge has reserved the case 'for judgment'. Hence, she seeks an opportunity of being heard before passing the judgment. If really the petitioners have not advanced any arguments in the main suit, the learned Senior Civil Judge is advised to give an opportunity to the petitioners to advance their arguments based on the material available on record. Having regard to the above, the present Civil Revision Petition is disposed of by advising the learned Senior Civil Judge, Adoni, Kurnool District to fix a date for hearing of the case and the petitioners be given an opportunity of advancing their arguments in the main suit based on the documents on record. There shall be no order as to costs.

As a sequel thereto, Miscellaneous Petitions pending if any in this Civil Revision Petition, shall stand closed.

________________________ C. PRAVEEN KUMAR, J 10th March, 2015 cbs HON'BLE SRI JUSTICE C. PRAVEEN KUMAR

CIVIL REVISION PETITION No. 791 of 2015 10th March, 2015 cbs