IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
NOOTY RAMAMOHANA RAO, J.
Kasula Surender Reddy & Another - Appellant
Versus
M. Ravinder Reddy & Others - Respondent
Civil Revision Petition No. 3044 of 2015
Decided on : 09-10-2015
Civil Procedure Code, Rule 17 – Revision is preferred by respondent Nos.3 and 4 in I.A.No.497 of 2015 moved in on the file of the Principal District Judge District. Respondent Nos.1 to 4, who are the plaintiffs in the suit have moved I.A.No.497 of 2015 under Order VI C.P.C. for amending the plaint by mentioning land in survey situate at Mohammed Nagar Village and survey No.505 (RU) (Ac.3-00 gts) and survey No.507/EE Village instead of lands is filed by respondent Nos.1 to 4 herein for specific performance of agreement of sale by directing the defendants to execute and register the sale deed conveying the suit schedule property in favour of the plaintiffs and to deliver possession of the same and in default the Court may perform the said acts suit schedule property has been described as all that land admeasuring Ac.16.00 covered by survey Nos.172, 174, 505/RU and 507/NA of Mohammed Nagar Village, District. As per the averments of 1st defendant who is the exclusive owner of certain parcels of immovable Ac.10-20 out of survey Nos.172, 174, 505/RU and 507/NA by virtue of and the 2nd defendant, who is none other than the wife of the 1st defendant in the suit, is the exclusive owner of land admeasuring Ac.5-20 in survey No.507/NA and 172 by virtue of issued by MRO Reddy District, have jointly offered to sell the said total extent of Ac.16.00 for a sale consideration of Rs.24,00,000/- and accordingly, an agreement of sale was executed by defendant Nos.1 and 2 in favour of the plaintiffs. It is also the case of the plaintiffs that a sum of Rs.5,11,000/- has been paid towards part of the sale consideration –Held, It is true in case Supreme Court has held that the language employed in the proviso to Rule 17 of Order VI CPC is couched in mandatory terms and that it does not leave much discretion in the hands of the Court. But, however, unfortunately the judgment of the Supreme Court in which was rendered by three Judge Bench of the Supreme Court has not been noticed by the Supreme Court while deciding and now going by the subsequent judgment of the Supreme Court in case amendment now proposed to be carried out to the plaint schedule is more in the nature of rectification of an error. 4 different survey numbers are mentioned in the plaint schedule and thereafter District is mentioned, whereas now it is proposed to amend the plaint schedule pointing out which survey numbers falls in Mohammed Nagar Village and which other survey numbers fall in Village such an amendment, neither nature of the suit nor the principal averments in the plaint and or the issue at controversy was sought to be altered. It is true as pointed out by the learned counsel for the petitioners that the plaintiffs were not diligent enough in not noticing this mistake in spite of the written statement filed by defendant Nos.3 and 4 specifically in Para 2 itself, brought out clearly this error in the plaint schedule. But should the Court try to penalize for the mistake? It is true that the trial of the suit has commenced and obviously the plaintiffs have exhausted their side of collection of evidence and the turn of the defendants has come and even the defendants have also examined a couple of witnesses on their side. It is true the parties are required to lead evidence on the issues framed for adjudication and no amount of evidence collected otherwise can be looked into – Civil revision petition stands dismissed.
1. This revision is preferred by respondent Nos.3 and 4 in I.A.No.497 of 2015 moved in O.S.No.305 of 2005 on the file of the Principal District Judge, Ranga Reddy District.
2. Respondent Nos.1 to 4, who are the plaintiffs in the suit have moved I.A.No.497 of 2015 under Order VI Rule 17 C.P.C. for amending the plaint by mentioning land in survey No.172 (Ac.6-10 gts), 174 (Ac.3-20 gts) situate at Mohammed Nagar Village and survey No.505 (RU) (Ac.3-00 gts) and survey No.507/EE (Ac..3-10 gts) situate at Kandukur Village instead of lands in survey Nos.172, 174, 505/RU and 507/NA situate at Mohammed Nagar Village. That application was allowed. Hence, the present revision.
3. O.S.No.305 of 2005 is filed by respondent Nos.1 to 4 herein for specific performance of agreement of sale dated 22.03.2002 by directing the defendants to execute and register the sale deed conveying the suit schedule property in favour of the plaintiffs and to deliver possession of the same and in default the Court may perform the said acts. The suit schedule property has been described as all that land admeasuring Ac.16.00 guntas covered by survey Nos.172, 174, 505/RU and 507/NA of Mohammed Nagar Village, Kandukuru Mandal, Ranga Reddy District. As per the averments of the plaint, the 1st defendant who is the exclusive owner of certain parcels of immovable property, comprising of land admeasuring Ac.10-20 guntas out of survey Nos.172, 174, 505/RU and 507/NA by virtue of patta Nos.1, 601 and 523 and the 2nd defendant, who is none other than the wife of the 1st defendant in the suit, is the exclusive owner of land admeasuring Ac.5-20 guntas in survey No.507/NA and 172 by virtue of patta Nos.210 and 1011 issued by MRO, Kandukuru Mandal, Ranga Reddy District, have jointly offered to sell the said total extent of Ac.16.00 guntas for a sale consideration of Rs.24,00,000/- and accordingly, an agreement of sale was executed on 22.03.2002 by defendant Nos.1 and 2 in favour of the plaintiffs. It is also the case of the plaintiffs that a sum of Rs.5,11,000/- has been paid towards part of the sale consideration. But, however, on the ground that defendant Nos.1 and 2 are not performing their part of the contract, the suit was instituted for specific performance. The petitioners herein are defendant Nos.3 and 4 to the said suit. They asserted that they have purchased the entire land of Ac.16.00 guntas from defendant Nos.1 and 2, no doubt subsequent to 22.03.2002. In their written statement, they have raised an objection with regard to the description of the plaint schedule property apart from raising various other contentions about the merits of the matter. In Para 2 of the written statement filed by them they have clearly stated that lands in survey No.505 and 507 are not situated in Mohammed Nagar Village and they are in fact situate in Kandukuru Village and therefore, the description of plaint schedule property as if the entire land was lying in Mohammed Nagar Village is wrong. This written statement appears to have been filed somewhere in April 2006. In spite of the same, no steps have been taken by the plaintiffs to get the suit schedule property amended accordingly.
4. It is now contended by Sri O.Manohar Reddy, learned counsel for the petitioners that on behalf of the plaintiffs, 4 witnesses have been examined and on the side of the defendants, 2 witnesses were examined already and one of them is examined on behalf of defendant Nos.3 and 4 in the suit. At that stage, the present interlocutory application No.497 of 2015 is filed for amending the suit schedule. That application is allowed erroneously by the learned trial Court. It is a belated application and hence, it ought to have been dismissed.
5. It is contended by Sri O.Manohar Reddy, learned counsel for the petitioners that Order VI Rule 17 CPC has been amended suitably and it was reintroduced by the amending Act No.22/2002, which was brought into force with effect from 01.07.2002. while reintroducing Rule 17,
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