Proposed amendments to pleadings must not withdraw clear admissions made by a party, especially one that is deceased, and must not alter the nature of the suit or infringe upon the opposing party's rights.

ORDER :

V. SUJATHA, J.

Civil Revision Petition No.2580 of 2023 is filed by the petitioners-plaintiffs under Article 227 of the Constitution of India challenging the order dated 07.08.2023 passed in I.A.No.156 of 2020 in I.A.No.343 of 2019 in O.S.No.92 of 2019 by the Principal Junior Civil Judge, Gudivada, whereby, the Trial Court allowed the said interlocutory application filed Under Order VI Rule 17 of Code of Civil Procedure (for short "C.P.C.") to permit the respondents/defendants to amend the pleadings mentioned in the counter.

2) Civil Revision Petition No.2581 of 2023 is filed by the petitioners-plaintiffs under Article 227 of the Constitution of India challenging the order dated 07.08.2023 passed in I.A.No.871 of 2022 in I.A.No.156 of 2020 in O.S.No.92 of 2019 by the Principal Junior Civil Judge, Gudivada, whereby, the Trial Court allowed the said interlocutory application filed Under Order VIII Rule 1 (A) and Section 151 of the C.P.C. to receive the enclosed document filed along with the application i.e. Will dated 18.01.2019 and to mark the same.

3) Since the petitioners and the respondents in both the revision petitions are one and the same and the issue involved in these revisions is identical, I find that it is appropriate to decide these revision petitions by way of a common order.

4) The petitioners-plaintiffs filed O.S.No.92 of 2019 for partition and separate possession of the suit schedule properties. Respondent Nos.1 to 3 are the defendants and they are contesting the suit by filing written statement. The petitioners herein also filed I.A.No.343 of 2019 under Order XXXIX Rule 1 and 2 requesting the trial Court to grant injunction not to alienate the suit schedule properties. When the said interlocutory application was coming up for arguments, respondent Nos.1 to 3 filed I.A.No.871 of 2022 (subject matter of C.R.P.No.2581 of 2023) under Order VIII Rule 1(A) of CPC to receive a Will deed dated 18.01.2019 and mark the same as exhibit. Along with the said petition to receive Will deed dated 18.01.2019, the respondents – defendants also filed another petition requesting the trial Court to amend counter-affidavit and to delete certain portions in the counter affidavit. Though the petitioners herein opposed the said amendments, the trial Court vide orders dated 07.08.2023 allowed the said I.A.No.156 of 2020 in I.A.No.343 of 2019 in O.S.No.92 of 2019 on payment of costs of Rs.100/- payable to the respondents therein. I.A.No.871 of 2022 in I.A.No.156 of 2020 filed by the defendants to receive the Will dated 18.01.2019 was also allowed by the trial Court on payment of Rs.100/- payable to the respondents therein. Aggrieved by the same, the petitioners – plaintiffs filed these two revision petitions.

5) When civil revision petition No.2580 of 2023 filed against the order passed in I.A.No.156 of 2020 to amend the counter, came up for hearing, on 13.10.2023, this Court passed the following interim order:

"Having regard to the reasons mentioned in the ground of revision and taking into account the submissions of the learned counsel for the petitioners, there shall be an interim stay of all further proceedings in O.S.No.92 of 2019 on the file of learned Principal Junior Civil Judge, Gudivada for a period of four (4) weeks."

6) Thereafter, the said interim order has been extended from time to time.

7) Learned counsel for the revision petitioners contended that the proposed amendment to counter is not permissible under Order VI Rule 17 of C.P.C. since