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1996 Supreme(AP) 677

K.B.SIDDAPPA
Mettu Naresh Kumar Reddy – Appellant
Versus
Nellore Ramamma – Respondent


K. B. SIDDAPPA, J.

( 1 ) THIS Civil Revision Petition is filed against the order passed in IA. No. 6/85 in O. S. No. 199/85 on the file of Principal District Munsif, Kovur.

( 2 ) THE said Interlocutory Application was filed under Order 6 Rule 17c. P. C. to amend the plaint in the manner given below :- (I) In para-3 of the plaint, after the words "grant of " the following may be inserted: "declaration and", (ii) In para-4 of the plaint, after the words "grant of", the following may be inserted: "declaration and", (iii) In para-5 of the plaint, after the words "relief of" the following may be inserted: "declaration and", (iv) In para-6a of the plaint, after the words "granting", the following may be inserted: "decleration and".

( 3 ) THE said application was resisted by the respondent in the petition.

( 4 ) AFTER hearing both the sides the learned Munsif held that the proposed amendment, i. e. , relief of declaration, isbarred by limitation by virtue of Article 58 of the Limitation Act and the amendment cannot be granted. Consequently, the petition was dismissed directing the parties to bear their own costs.

( 5 ) AGGRIEVED by the said order the present Revision is filed.

( 6 ) THE le








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