A.Venkateshwarlu v. A.Madhava Reddy

THE HON'BLE SRI JUSTICE SANJAY KUMAR CIVIL REVISION PETITION No.3276 of 2017

O R D E R

This civil revision petition under Article 227 of the Constitution arises out of the order dated 07.06.2017 passed by the learned Principal District Judge, Ranga Reddy District at L.B.Nagar, in I.A.No.770 of 2015 in O.S.No.24 of 2009. By the said order, the trial Court permitted the first respondent/plaintiff to amend the plaint.

Sri Srinivasa Rao Velivela, learned counsel for the petitioner/fifth defendant, would contend that in the light of the amendment of the plaint, which has been permitted by the trial Court, the issue as to whether the law of limitation would apply needs to be framed in the context of the amended relief now sought by the first respondent/plaintiff.

Perusal of the order reflects that this aspect of the matter was not considered by the trial Court. As such, it would be open to the petitioner/fifth defendant to file an appropriate application in this regard.

Leaving it open to do so, the civil revision petition is disposed of. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ SANJAY KUMAR,J 15th September, 2017.

Note:

Issue C.C. by Monday.

(B/o) PGS