In a Civil Revision, the single judge dismissed the petitioner's challenge to the junior civil judge's rejection of a plaint amendment application due to lack of stated reasons, holding no infirmity existed to warrant Article 226 interference.
Civil Revision Petition dismissed; petitioner permitted to file fresh application for amendment of plaint.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE V.ESWARAIAH
CIVIL REVISION PETITION No.1621 of 2010
ORDER:
This Civil Revision Petition is directed against the order, dated 0302-2010, passed in I.A.No.328 of 2008 in O.S.No.156 of 2004 by the Junior Civil Judge, Thamballapalle, Chittoor District, wherein the application filed by the petitioner herein seeking amendment of the plaint was dismissed.
A perusal of the affidavit filed by the petitioner goes to show that the petitioner has not stated any reason entitling him to seek amendment of the plaint. Therefore, I am of the opinion that the court below had rightly dismissed the said application. Hence, I do not see any infirmity legal or otherwise in the impugned order so as to call for interference by this Court under Article 227 of the Constitution of India.
Accordingly, the Civil Revision is dismissed. But, however, dismissal of this C.R.P. will not preclude the petitioner from filing fresh application seeking amendment of the plaint giving all the relevant particulars. There shall be no order as to costs.
___________ 25-06-2010
Prv
Petitioner
Respondent
V.ESWARAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
