GUNDEPALLI ANJANEYULU Vs. CALINDI VARALAKSHMI AND ORS.

JUDGEMENT

(1.) This civil revision petition arises out of the order dtd. 11/12/2008 passed in IA No.393 of 2017 in OS No.147 of 2015 on the file of the Court of IV Additional Junior Civil Judge, Rajamahendravaram.

(2.) The revision petitioner is the plaintiff in OS No.147 of 2015 on the file of the Court of IV Additional Junior Civil Judge, Rajamahendravaram, filed for permanent injunction against the respondents/defendants. In the suit, the petitioner/plaintiff filed IA No.393 of 2017 seeking amendment of the plaint on the ground that he could not recollect the memory of previous proceedings held between himself and the 1st defendant regarding the plaint schedule property due to his old age and ill-health. The trial court disbelieved the version of the petitioner and dismissed the IA. Aggrieved by the same, the present revision petition is filed.

(3.) Learned counsel for the petitioner submits that the petitioner/plaintiff in the suit sought for amendment of the pleadings as per the provisions under O-VI R-17 CPC. He submits that the amendment sought for, was only to the extent of the relief sought in the suit and originally, the petitioner filed the suit for permanent injunction and he wanted to amend the plaint with regard to the schedule property. He placed reliance on the decision in Sampath Kumar Vs.Ayyakannu ,AIR 2002 SUPREME COURT 3369 . The relevant paragraph is extracted hereunder: