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1996 Supreme(AP) 212

Andhra Pradesh High Court
Judges : K.S.SHRIVASTAVA
Vettikuti Naydamma - Appellant
Versus
Mupparaju Madhusudhana Rao - Respondent
C.R.P.No. 2162, 2164 & 2167/95
Decided On : 03-18-96
Advocates Appeared :
M/s. M.Y.K. Rayudu, M. Sudha Rai, M/s. V.L.N.G.K. Murthy, P. Sundari Prasad

Headnote:CIVIL PROCEDURE CODE - Order VI Rule 17 Amendment of pleadings Amendment which does not constitute the addition of a new cause of action or raise a different case but amounting to no more than a different or additional approach to the same fact can be allowed even after the expiry of the statutory period of limitation Object of courts and rules of procedure is to decide the rights of the parties and not to punish them for their mistake

       Legal representative of a deceased party is entitled to raise any pleas which the deceased had or could have raised except those which were personal to him

K. S. SHRIVASTAV, J.

( 1 ) THE petitioners in this revision are the plantiffs in O. S. No. 19 of 1985 on the file of the Subordinate Judge, Bapatla.

( 2 ) THIS revision shall also dispose of the Civil Revision Petitions No. 2164 and 2167 of 1995 because of commonality of question of law and similarity of facts.

( 3 ) THE facts giving rise to these revisions, in brief, are that - the deceased 1st plantiff was the husband of the deceased 2nd plantiff. The deceased 1st plaintiff was the owner of the suit properties. He filed O. S. Nos. 18,19 and 20 of 1985 against separate defendant in these suits for cancellation of the gift deeds in respect of the suit properties al leged to have been executed by him in favour of the defendant on the ground that he suffered a paralysis attack some time in the month of December, 1985 and became physically handicapped and lost his speech. At that time he was staying alone in his house because the 2nd plaintiff since deceased had abandoned him about thirteen years back and had started living with the defendant. The defendant with the help of his brothers, parents and the 2nd plaintiff since deceased admitted him in Sujata Nursing Home at nidubrolu for treatment where he remained for about two months. But, he could not recover from the illness. He was then removed by them to their village doppalapudi against his wish and was confined in their house. He was robbed of his cash and belongings. Later he was removed to Chebrolue thrice and every time a document styled as gift deed was got executed by him on 18-2-1984, 2-7-1984 and 27-10-1984 in favour of the defendant of O. S. Nos. 18,20 and 19 of 1985 respectively. He was made to nod his head before the Sub-Registrar at the relevant time. He was thereafter abandoned by the defendant and his brothers and parents. Later on, he was shifted to his native place Gollamudipadu and with the help of his brothers obtained the certified copy of the gift deeds alleged to have been executed by him in favour of the defendant of each case. On obtaining the certified copy of the gift deeds, the contents were read over to him, which contents were absolutely false and he had never gifted his property in suits to the defendant. The gift deeds are sham and void having been obtained by exercise of undue influence and coercion. On these allegations, the plaintiffs since deceased sought a decree for declaration that the gift deeds should be cancelled.

( 4 ) THE defendant in each case denied the plaint allegations specifically in toto. The parties went to trial. After recording of part evidence of the defendant, tile present petitioners, whose names have been substituted in place of the deceased plaintiffs, on the strength of a will, moved an application in each suit for amendment of the plaint on the ground that during the pendency of the suits all the original gift deeds had been filed and with the permission of the Court the petitioners have obtained the photographs of the alleged signature of the 1st plaintiff since deceased on the gift deeds and got it compared by the handwriting expert from the admitted signature and came to know that the signatures alleged to have been obtained by the deceased 1st plaintiff at the time of registration of the gift deeds do not belong to him. There are certain alterations in the original gift deeds and, therefore/ they sought the following amendment incorporated in each plaint. "there are material alterations in the original gift deeds alleged to have been executed by the 1st plaintiff. The signatures alleged to have been signed by the 1st plaintiff before the Sub-Registrar at -the time of registration on the back of the document do not tally with the admitted signature of the 1st plaintiff. This clearly shows that the 1st plaintiff has not signed the said gift deeds before the Sub-Registrar at the time of registration and on some other sheets of the said gift deeds. As such the above said gift deeds are not valid one and was not properly



















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