Civil Revision Petition filed under Article 226 challenging the I Senior Civil Judge's order permitting amendment of suit cause title. Bench held no error was committed and dismissed the petition.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE FIRST DAY OF JULY
TWO THOUSAND AND TWENTY TWO
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PRESENT
THE HONOURABLE SRI JUSTICE P. NAVEEN RAO
CIVIL REVISION PETITION NO: 1379 OF 2022
Petition under Article 227 of the Constitution of lndia, against/aggrieved by the order dated 13.12.2021 in 1.A.No.191 of 2020 in O.S.No.1146 of 2018 on the file of I Senior Civil Judge, City Civil Qourt at Hyderabad.
Between:
lV/s.Om Prakash Jewellers and Pearls, Rep. by its Proprietor tVr.Ajay Gupta, S/o.Om Prakesh Gupta, Having its business at 5-9-2914, Basheerbagh, Hyderabad, Telangana.
...PETITIONER/DEFENDANT
ANDr-. r
,Mrs,Uma Bung Bagri, D/o.Mr.Radhe Shyam Bung, Age.34 years, Occ.Household, R/o.Flat No.2A, Ashirvad, 59, Golligunj Circle Road, New Alipure, Kolkatta, Represented by her GPA Holder, Mr.Radhe Shyam Bung, Age.59 years, R/o.3-4-518 85 519, Barkatpura, Hyderabad.
...RESPONDENT/PLAINTIFF
lA NO: 1 OF 2022
Petition under Seqtion 151 CPCpraying that in the circumslances stated ir1 the affidavit filed thereiwht, the High Court may be pleased to grant stay of all further proceeding in O.S.No.114612018 on the file of I Senior Civil Judge, City Civil Court at Hyderabad.
Counsel for the Petitioner: SRI K, ANOOP KUMAR
Counsel for the Respondent: NONE APPEARED
The Court made the following: ORDER
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THE HON'BLE SRI JUSTICE P. NAVEEN RAO CIVMEVISION PETITION No.1379 of 2O22
ORDER:
Heard Sri K.Anoop Kumar, learned counsel for petitioner. 2. The respondent he rein instituted O.S.No.1146 of 2018 in the Court of the I Senior Civil Court: City Civil Court, at Hyderabad, for recovery of amount of Rs.6,35,00O/- and also Iiled I.A.No.191 ol 2O2O in O.S.No.1146 of 2018 praying to permit the petitioner therein to amend the cause title of the plaint by describing Sri Aj ay Gupta as "Partner" of the defendant firm instead of "Proprietor". The said I.A., was opposed by learned counsel for respondent therein, on the ground that it is not permissible to amend the cause title aJter the commencement of trial and bv referring to the statement made during the cross examination. The trial Court rejected the objection raised by learned counsel for respondent therein, and permitted the petitioner thercin to carry out the amendment as prayed.
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known to plaintiff but failed to take proper care in describing the status of Sri Ajay Gupter and therefore, he cannot be permitted to carry out thc arncndment aftcr the commeltcement of triai by referr ing to the statcmerrt made during the course of cross examlnatlon.
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SD/-K.AMMAJI
ASSISTANT REGISTRAR @--
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SECTION OFFICER
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4.,. One CC to Sri K. Anoop Kumar, Adiocatb tOpU-6i
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HIGH COURT
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DATED: 0110712022
ORDER
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CRP.No.1379 of 2022
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DISMISSING THE CIVIL REVISION PETITION
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1 issue framed by the court
Whether the trial Court committed an error in permitting the petitioner to amend the cause title of the suit to describe the proprietor as a 'Partner' after the commencement of trial.
2 provisions across 2 enactments
Om Prakash Jewellers and Pearls (Rep. by Proprietor M.Ajay Gupta)
Mrs. Uma Bung Bagri (Rep. by GPA Holder Mr. Radhe Shyam Bung)
P. Naveen Rao
As recorded by the court registry
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