R. SANKARA RAO Vs. G. BABURAO
HIGH COURT OF ANDHRA PRADESH
R. Sankara Rao
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M. Ganga Rao, J. -
(1.)This Civil Revision Petition is filed against the order dated 14- 11-2018 passed in I.A.No.1 of 2018 in O.S.No.25 of 2015 by the Senior Civil Judge, Sompeta, whereby dismissed the petition filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 by the petitioner for amendment of the written statement.
(2.)The petitioner is the defendant in the suit O.S.No.25 of 2015. The respondent-plaintiff filed suit for recovery of money based on a promissory note. The petitioner filed I.A.No.1 of 2018 under Order VI Rule 17 CPC seeking amendment of the written statement stating that in the written statement Para (5) line 6, to delete the words "the defendant borrowed the amount from the plaintiff and executed the suit promissory note" and in its place add "the defendant never borrowed any amount from the plaintiff and never executed any promissory note in favour of the plaintiff". The petitioner filed amendment petition at the stage of trial, when PW.1 was already examined and it is coming for marking of documents and for crossexamination. The trial Court, after hearing both parties, dismissed the petition holding that the petitioner did not explain any reason for not correcting the same prior to filing of the chief evidence of PW.1 and that if it was a typographical mistake, it could be explained and it need not be corrected by way of amendment after commencement of trial, which amounts to withdrawing an admission in respect of execution of document. Aggrieved by the said order, the present Civil Revision Petition came to be filed.
(3.)Now the point that arises for consideration before this Court is whether the revision petitioner-defendant can be permitted to withdraw an admission made in a written statement at the stage of trial, after long lapse of period?
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