T VENKATARAMANA BABU Vs. JANAKI RANI
LAWS(APH)-2001-9-88
HIGH COURT OF ANDHRA PRADESH
Decided on September 24,2001

T.VENHATARAMANA BABU Appellant
VERSUS
JANAKI RANI Respondents

JUDGEMENT

- (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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