Court dismissed the civil revision petition. The underlying O.S. was dismissed by the trial court. Request to amend plaint to convert suit nature was rejected by trial court causing cause not to survive.
Civil revision petition dismissed. No order as to costs. Pending miscellaneous petitions closed.
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HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY C.R.P.No.1461 OF 2017
ORDER:
No representation for the petitioners.
However, learned counsel for the respondents brought to the notice of this Court that O.S.No.10 of 2016 was dismissed by the trial Court on 13.03.2017.
The petitioners/plaintiffs filed suit on various reliefs and filed a petition i.e. I.A.No.98 of 2017 under Order 6 Rule 17 of Code of Civil Procedure seeking permission to amend the plaint on various grounds more particularly to convert the suit for perpetual injunction for cancellation of registered sale deed. But the trial Court dismissed the petition on the ground that the nature of suit will change, if the amendment is permitted from Section 38(2) to 31 of the Specific Relief Act. Therefore, the cause in this petition does not survive.
Accordingly, the civil revision petition is dismissed. There shall be no order as to costs.
Pending miscellaneous petitions in the petition, if any, shall stand closed.
__________________________________ M.SATYANARAYANA MURTHY,J
03.04.2017 kvrm
2 issues framed by the court
Whether the civil revision petition deserves to be dismissed since O.S.No.10 of 2016 was dismissed by the trial court.
Whether the petitioners are entitled to permission to amend the plaint to convert the suit.
3 provisions across 3 enactments
Petitioners
Respondents
M.SATYANARAYANA MURTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
