Dismissed

Kothuri Chandra Sekhar v. M/S Sri Vigneshwara Finance

Andhra Pradesh HC1 Dec 2021CRP/1297/2021

Case brief

AI extract

What is this about?

The High Court dismissed a civil revision petition challenging the dismissal of an amendment application. The trial court failed Rule 28 but also considered merits; the revision court found no reason to interfere as the issues were already raised earlier.

What did the court decide?

The Civil Revision Petition was dismissed; the trial court's order stands; pending miscellaneous petitions remain closed.

Kothuri Chandra Sekhar Vs M/S Sri… — Civil Procedure and Limitation | Andhra Pradesh HC (2021)

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HON'BLE SRI JUSTICE R RAGHUNANDAN RAO CIVIL REVISION PETITION No. 1297 OF 2021

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ORDER :

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The respondent had filed O.S. No. 420 of 2017 on the file of the Court of Senior Civil Judge, Narasaraopet for recovery of money on the basis of a pronote said to have been executed by the petitioner herein.

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Petitioner had filed his written statement raising various grounds and defences. Thereafter, the petitioner filed I.A. No. 582 of 2018 for amendment of the written statement to include the pleading that the respondent herein is a private money lender, who does not have a licence for lending money and that the person representing the firm, who had signed the plaint is not legally authorised and has no locus standi to sign the plaint. This application was allowed and the petitioner was permitted to amend his pleadings to that effect.

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3 Thereafter, the petitioner herein filed I.A. No.112 of 2021 seeking further amendment of the written statement for the purpose of pleading that the respondent firm has no existence and the person, who signed the plaint is not partner and not authorised to sign the plaint.

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4 This application was dismissed by the trial court by an order dated 16.07.2021. Aggrieved by the same, the petitioner is before this Court.

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5 Sri A.S.C.Bose, learned counsel appearing for the petitioner would submit that the application has been dismissed by the trial court on the ground that the provisions of Rule 28 of the Civil Rules of Practice have not been complied with and in the absence of such compliance, the application was dismissed. Sri A.S.C.Bose contends that mere procedural irregularity cannot bar the petitioner from obtaining necessary substantive relief.

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6 A perusal of the order would show that the trial court not only went into the question of non mentioning of the Rule 28 in the application, but also into the merits of the application. In the circumstances, even if, the said contention of the petitioner is accepted, the question of whether the order requires to be set aside on merits remains.

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7 The fact remains that this application has been filed after PW-1 and PW-2 have filed their affidavits in lieu of chief examination and the matter is pending for cross examination of these witnesses. It must also be kept in mind that the earlier application for amendment was allowed and the present amendment essentially seeks to raise the same issues in a different language.

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8 In these circumstances, I do not find any reason to interfere with the order of the trial court. Accordingly, the Civil Revision Petition is dismissed. It will be open to the

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petitioner to raise all defence in the suit as set out in his

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written statement.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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_______________________________ JUSTICE R RAGHUNANDAN RAO

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Date: 01.12.2021 Psr.

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HON'BLE SRI JUSTICE R RAGHUNANDAN RAO

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(dismissed)

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C.R.P No. 1297 of 2021 Dated 01.12.2021

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Psr.

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Kothuri Chandra Sekhar v. M/S Sri Vigneshwara Finance

Case brief

What is this about?

What did the court decide?

Kothuri Chandra Sekhar v. M/S Sri Vigneshwara Finance

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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