V. Nagaraju v. Chinnamma (Died)

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No.2421 of 2014 ORDER:

The petitioner herein is the plaintiff in the suit and the petitioner in I.A. No.351 of 2014 in O.S. No.85 of 2003. The application in I.A. No.351 of 2014 was filed under Order 6 Rule 17 CPC seeking permission to amend the rejoinder. By the order under revision, the Court below held that, basing on the earlier pleadings, issues were settled and trial had commenced; the petitioner did not exercise due diligence before commencement of trial; and there were no bonafides in his seeking the amendment belatedly. The order of the Court below does not suffer from any patent illegality necessitating interference jurisdiction under Article 227 of the Constitution of India.

The Civil Revision Petition fails and is, accordingly, dismissed. The miscellaneous petitions pending, if any, shall also stand dismissed. No costs.

______________________________ (RAMESH RANGANATHAN, J) Date: 06.03.2015 MRKR