JUDGEMENT
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(1.)The Revision petitioners are respondents-
defendants in I.A.No. 324/2000 in O.S.
No. 233/92 on the file of Principal Senior
Civil Judge, Tirupati.
(2.)The respondent is the petitioner-
plaintiff in the aforesaid I.A. The
respondent/plain tiff filed the application
under Order 6 Rule 17 CP.C. to amend the
pleadings claiming two more reliefs i.e.,
recession of contract dated: 7-12-1991
and cancellation of agreement of sale dated
7-12-1991, In support of the application filed
by the respondent in the present Revision it
was stated that she agreed to purchase the
house property from the Revision
Petitioner-defendants for Rs. 3,05,000/- and
paid Rs. 75,000/- as advance under an
agreement of sale dated 7-12-1991 and the
said parties have no title to convey the
property covered by the said agreement of
sale and hence she filed the suit for refund
of purchase money only due to
inadvertence though she had specified
these reliefs even in the notice issued by
her. The application was opposed on the
ground that if these prayers are allowed, it
will change the character of the suit and at
any rate it is barred by limitation. It was
also stated that this application was thought
of at the stage of arguments. However, the
Court below after hearing both the parties
allowed the application stating that there is
no addition in cause of action and the
addition is only two reliefs and hence the
amendment can be allowed. The
respondents in the said I.A. i.e., the
defendants in the suit, aggrieved by the said
order dated 1-7-2000 had preferred the
present Civil Revision Petition.
(3.)Sri Ugra Narasimham, the learned
Counsel for the Revision Petitioners had
strenuously contended that the suit was
instituted in the year 1992 and even to
institute a suit praying for these reliefs the
period of limitation is only three years
under Article 59 of the Limitation Act, 1963
and hence by allowing this application for
amendment, the rights of the Revision
Petitioners are seriously jeopardized.
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