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2004 Supreme(AP) 240

G.YETHIRAJULU
Rahimmunnisa Begum – Appellant
Versus
Mohd. Mohd. ulla Khan Durrani – Respondent


G. YETHIRAJULU, J.

( 1 ) THIS revision petition is filed by the petitioners who are plaintiffs in O. S. No. 1 12 of 1985 and petitioners in IA No. 21 of 1998 on the file of the Principal subordinate Judge, Kakinada.

( 2 ) THE respondents herein are the defendants in the suit.

( 3 ) THE revision petitioners filed ia. No. 21 of 1998 under Order VI Rule 17 and Section 151 CPC to order amendment of the plaint. The respondents opposed the amendment. The lower Court dismissed the petition through its order dated 10/09/1999. The plaintiffs, being aggrieved by the order of the lower court, preferred this revision questioning the validity and legality of the order of the lower Court.

( 4 ) THE point for consideration is: whether the amendment sought for in the plaint is permissible under law ? point Answer:

( 5 ) THE plaintiffs filed a suit for partition of the suit schedule properties. A preliminary decree was passed on 7-10-1992 after contest. The plaintiffs filed an appeal questioning the Preliminary decree with a delay condonation petition. Since the plaintiffs failed to take steps for service of notice on some of the respondents the delay condonation petition was dismissed for default. T
























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