Point of Law: Amendment of pleadings after lapse of 6 years is not permissible and no plausible reason was shown to overcome proviso to Order VI, Rule 17 of CPC.

ORDER :

The present Revision Petition has been preferred against the Order dated 05.08.2021 passed in I.A.No.1522 of 2019 in S.O.P.No.457 of 2013 on the file of the Court of the Principal District Judge, West Godavari at Eluru.

2. Heard Smt.Marella Radha, learned counsel for the petitioner and Mr.Gudapati Venkateswara Rao, learned counsel appearing for the respondents 1 and 2. None entered appearance on behalf of the 3rd respondent.

3. The petitioner herein filed the above referred S.O.P and the gist of the averments made therein, for the purpose of the present case, may briefly be stated:

4. The 1st respondent-Association was formed in the year 1982. One Maganti Nagabhushanam and Sri Yerra Rama Krsihna were elected as President and Secretary of the said Association respectively and they have committed certain illegal acts for their personal gain. The office bearers of the 1st respondent-Association have allotted sites to several persons, who are ineligible for membership. The said Nagabhushanam, as President of the said Association got himself allotted site in an extent of 600 Sq. Yards and managed to get another bit of 600 Sq. Yards, which was allotted in his individual capacity. In view of the glaring illegal acts committed by the office bearers of the 1st respondent-Association, the 3rd respondent is supposed to cancel them, pursuant to the recitals of the Registered Covenant dated 08.08.2007, which was registered on 09.08.2007. The inaction on the part of the 3rd respondent had resulted in injustice to the petitioner and other members, thereby welfare scheme launched by the Government for the benefit of the members is foiled. Therefore, the petitioner seeks direction to the 3rd respondent to take action pursuant to the recitals of the Registered Covenant and make good the loss sustained by the association from the President and Secretary and others. The delinquent President and Secretary have not implemented the resolutions passed for general welfare of the members. The petitioner requested the 1st respondent-Association to grant site of 1200 Sq. Yards according to the nature and quantum of work. But, the 1st respondent-Association though bound to grant site of 600 Sq. Yards has granted only vacant site of 300 Sq. Yards alone.

5. The petitioner ultimately sought the following reliefs:-

“i) To pass a decree directing the Andhra Pradesh Industrial Infrastructure Limited (3rd respondent) to take necessary action pursuant to the recitals in the Registered Covenant in between 1st respondent-Association and the 3rd respondent, consequently direct the concerned to grant site of 600 Sq. Yards;

ii) To cancel all illegal allotments and to grant such other reliefs.”

6. In the said Original Petition, the petitioner filed I.A.No.1522 of 2019 under Order VI, Rule 17 of the Code of Civil Procedure (hereinafter referred to as “CPC”) and Section 151 of CPC to permit him to amend the main Original Petition by inserting the proposed amendments and to permit all consequential amendments. The proposed amendments may be extracted hereunder for ready reference:-

Consequential & Proposed Amendments

1. Add and amend the main petition by inserting the following Para Nos.8.a, 8.b, 8.c, 8.d, 8.e, 8.f after Para 8.

8.a) The petitioner humbly further state that initially in the year 1991, the total members of the association was 271. At the time of allotment of site by the A.P.I.I.C, it was inflated to 306. Subsequently Sri Maganti Nagabhushanam with his own passion according to his wish and personal interest, added 104 more members, who are not related to Auto Mobile industry by violating the rules and regulations to extract money from them viz., relatives, persons relating to other distrits, employees, Builders, Advocates, owners of Cloth, Shops, Engineering Students, Tea Stall owners, Bank Managers. Now the membership of the association is 410. Subsequently after assigning power of execution of sale deeds from the A.P.I.I.C, by way of Sale Deed dated 09.06.20