Artula Raja Mallaiah v. Artula Venu

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CIVIL REVISION PETITION No. 4125 OF 2017 ORDER :

This Civil Revision Petition is filed against order dated 05.07.2017 in I.A.No.289 of 2017 in O.S.No.15 of 2006, wherein the Court below has dismissed the application filed by the petitioner under Order VI Rule 17 of CPC read with Rule 28 of Civil Rules of Practice for amendment of pleadings. Heard learned counsel for the petitioners, who submits that earlier counsel could not carryout the amendment as was ordered in earlier I.A.No.245 of 2012, as such, it necessitated the petitioner to file the present application. He further submits that the 1st petitioner is not well educated, which necessitated filing of the present application.

It is to be seen that the Original Suit is of the year 2006 and petitioner filed I.A.No.245 of 2012 for amendment of the pleadings and also filed I.A.No.196 of 2016 and that the evidence of the petitioner is already closed. The trial Court dismissed the application on the ground that the trial has already commenced. The petitioners filed one petition after the another for amendment of the pleadings, which shows that they are not diligent in prosecuting the case, because it took more than 10 years in filing this amendment application and moreover, her evidence is closed.

In view of same, I do not see any infirmity or illegality in the order passed by the Court below, as such, the same is liable to be dismissed.

Accordingly, this Civil Revision Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand dismissed. _________________________ A.RAJASHEKER REDDY,J 21-08-2017 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY CRP No.4125 OF 2017 Date: 21.08.2017 kvs