The High Court dismissed the civil revision petition seeking to quash an order refusing amendment of written statement in an original suit, holding amendment post-trial commencement was impermissible and unnecessary.
Revision petition dismissed at the stage of admission with no costs.
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THE HON’BLE Ms. JUSTICE G.ROHINI
CIVIL REVISION PETITION No.2794 OF 2013
Dated: 17.07.2013
| Between: | |
|---|---|
| Mohd. Sarwar Hussain | .. Petitioner |
| And | |
| Baqir Ali Khan | |
| and another | |
| .. Respondents |
THE HON’BLE Ms. JUSTICE G.ROHINI
CIVIL REVISION PETITION No.2794 OF 2013
ORDER:
The revision petitioner is the defendant in O.S.No.1271 of 2012 on the file of the Court of the III-Junior Civil Judge, City Civil Court, Hyderabad. By the order under Revision, the Court below dismissed I.A.No.55 of 2013 filed by the revision petitioner/defendant for amendment of written statement.
Having heard the learned counsel for the petitioner and having perused the material available on record, I do not find any justifiable reason to interfere with the order under Revision. As rightly held by the Court below, the amendment of pleadings cannot be allowed after the commencement of the trial. Moreover, the proposed amendment does not appear to be necessary for the purpose of determining the real questions in controversy between the parties. Therefore, the Court below cannot be held to have committed any error in declining to permit the proposed amendment.
Accordingly, the Revision Petition is dismissed at the stage of admission. No costs.
Consequently, Miscellaneous Petitions, if any, pending in this civil revision petition shall stand closed.
____________ G.ROHINI, J
Date: 17.07.2013 Ivd
1 issue framed by the court
Whether the High Court should interfere with the lower court's refusal to allow amendment of pleadings after the commencement of trial.
Mohd. Sarwar Hussain
Baqir Ali Khan and another
G.ROHINI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
