Amendments to pleadings may be allowed unless they contradict prior admissions that confer rights on the opposing party, as they can lead to unnecessary delays and complications.

COMMON ORDER

These revisions under Article 227 of the Constitution of India are filed by the unsuccessful petitioners/petitioners/appellants aggrieved by the orders, dated 08.08.2024, passed in I.A.Nos.90 of 2024, 148 of 2024 and 212 of 2024 in A.S.No.26 of 2018 on the file of the Court of VII Additional District Judge, Gudur, SPSR Nellore District.

2. C.R.P.No.2252 of 2024 is filed aggrieved by the order, dated 08.08.2024, dismissing I.A.No.90 of 2024; C.R.P.No.2243 of 2024 is filed aggrieved by the order, dated 08.08.2024, dismissing I.A.No.148 of 2024; and, C.R.P.No.2389 of 2024 is filed aggrieved by the order, dated 08.08.2024, dismissing I.A.No.212 of 2022 in A.S.No.26 of 2018.

3. I.A.No.90 of 2024 is filed under Order VI Rule 17 & Section 151 CPC with a prayer to amend the written statement by inserting the legal plea that the settlement deed, dated 08.10.1985, is an invalid document and no title would be passed under the said document; I.A.No.148 of 2024 is filed under Order VI Rule 17 & Section 151 CPC with a prayer to amend the written statement by inserting the legal plea that the possession of the 2^nd defendant is protected by Section 53A of the Transfer of Property Act, 1882; and, I.A.No.212 of 2022 is filed under Section 38(2) of the Indian Stamp Act, 1899 & Section 151 CPC to send the agreement of sale, dated 05.09.1998, executed by the plaintiff in favour of the 2^nd appellant to the District Registrar, Gudur, for fixing proper stamp duty and collection of the same with penalty.

4. Since the parties in all these revisions are the same and all the interlocutory applications arose out of the same appeal, viz., A.S.No.26 of 2018, all these revisions were heard together and are being disposed of together through this common order.

5. The facts, in brief, are as follows:

a. Originally, the suit in O.S.No.204 of 2008 is filed by the sole plaintiff against the defendants 1 and 2 seeking declaration that she is the absolute owner of the plaint schedule properties and for recovery of possession. The said suit was decreed by the trial Court on 11.12.2015 in favour of the plaintiff, by which date, both the defendants 1 and 2 were alive. Aggrieved by the judgment and decree in O.S.No.204 of 2008, the defendants 1 & 2 preferred appeal in A.S.No.26 of 2018 before VII Additional District Judge, Gudur, SPSR Nellore District. During the pendency of the appeal, both the appellants, i.e., defendants 1 & 2 died. As per orders, dated 16.02.2022, in I.A.No.42 of 2019, the daughters of the deceased appellant No.1/defendant No.1 are impleaded as appellants 3 & 4 in the appeal. Similarly, as per the orders, dated 16.02.2022, in I.A.No.195 of 2019, the son-in-law of the deceased appellant No.2/defendant No.2 was impleaded as appellant No.5 in the appeal.

b. The case of the petitioner No.5/appellant No.5 in support of the applications in I.A.No.90 of 2024 and 148 of 2024, in brief, is as follows:

The 2^nd defendant filed written statement and the 1^st defendant adopted the same. In the written statement, the 2^nd defendant did not take the plea that the suit document, i.e., settlement deed, dated 08.10.1985, is an invalid document and title of the plaintiff cannot be declared on the same and hence, the suit is not maintainable and is liable to be dismissed. This plea is a legal plea and the same can be taken at any time. Since the 2^nd defendant died, the petitioners are entitled to seek amendment of the written statement. Therefore, the consequential amendment sought under rule 28 of the Civil Rules of Practice (C.R.P) in I.A.No.90 of 2024 (C.R.P.No.2252 of 2024) reads as follows:

Add the following as para 10 a) after para 10 of the written statement:

“It is further submitted that this suit is filed by the plaintiff stating that she is the absolute owner of the plaint schedule property having got the same under registered settlement deed executed by her father dated 08.10.1985. It is submitted that the property is ancestral property of Varada Reddy and