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2019 Supreme(Telangana) 383

SHAMEEM AKTHER
Syed Kaleemulloa Quadri – Appellant
Versus
Yarasingh Vishnuvardhan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Vedula Srinivas, Advocate.
For the Respondent:Nazir Ahmed Khan, Advocate.

JUDGMENT :

1. This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/plaintiff, challenging the order, dated 29.04.2019, passed in I.A.No.267 of 2019 in O.S.No.27 of 2013, by the III Additional District Judge, Karimnagar, whereby, the petition filed by the respondents 1 and 2 herein/defendants 13 and 14 under Order VI Rule 17 read with Section 151 of CPC and Rule 28 of the Civil Rules of Practice, for amendment of written statement, was allowed.

2. Heard the learned counsel for both the sides and perused the record.

3. The learned counsel for the revision petitioner/plaintiff would contend that the trial in the subject suit in O.S.No.27 of 2013 had commenced by filing the chief affidavit of P.W.1 and marking of the documents. The Court below, under the premise that trial in the subject suit has not commenced, was pleased to allow the subject interlocutory application. The learned counsel further submits that the respondents 1 and 2 herein/defendants 13 and 14 have to establish that in spite of due diligence, such plea was not taken before commencement of trial. There is no finding to that effect in the impugned order of the Court below

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