NIMMAGADDA KANAKA SRINIVASA RAO Vs. N LAKSHMINARAYANA
LAWS(APH)-1963-6-10
HIGH COURT OF ANDHRA PRADESH
Decided on June 20,1963

NIMMAGADDA KANAKA SRINIVASA RAO Appellant
VERSUS
N.LAKSHMINARAYANA Respondents

JUDGEMENT

- (1.) ). THIS is a Revision Petition against the Order of the Subordinate Judge, Guntur, refusing to allow the petitioner to amend the plaint by adding the following as paragraph 7 (a) in the plaint: " The debts said to have been borrowed by the first defendant for the purpose of family even if found to be true are all liable to be scaled down under the provisions of Madras Agriculturists Relief act (Madras Act IV of 1938) from their inception ".
(2.) THE petitioner laid a suit against his mother for partition and separate possession of a half share in the plaint A and B Schedule properties and for cancellation of decrees specified in C Schedule and for other reliefs. To this suit were impleaded all the creditors as defendants with the object of getting the decrees obtained by them avoided. In paragraph 5 of the plaint, it was stated : " The petitioner (plaintiff) submits that the alleged borrowings by late Basavayya from respondents 2 to 10 (defendants 2 to 10) are illegal and immoral and were not supported by consideration in their entirety and were neither necessary nor beneficial for purposes of joint family or the minor petitioner (plaintiff) and hence neither the debts nor the decrees are binding on the petitioner (plaintiff ). "
(3.) MORE than three years after the institution of the suit, the petition for amendment of the plaint giving rise to this revision was filed. This was opposed by the defendants on several grounds which need not be set out here. The Subordinate Judge dismissed the petition in the view that since the petitioner did not admit the existence of the debts, he could not be allowed to add the alternative plea that even if the debts were true they were liable to be scaled down under the provisions of the Madras Agriculturists Relief Act (IV of 1938 ). It is this view of the learned Judge that is canvassed before us.;


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