correction/amendment in cause title - When once the deed itself has been perused by the Court where it is found that the second defendant’s name is described as Ch. Kantha Rao, the plaintiff/bank cannot institute the I.A., for correcting his name as C.L. Kantha Rao without first making an attempt to correct the deed of guarantee executed by him. Therefore, the reason assigned by the Court for dismissing the I.A. does not warrant any interference and hence this civil revision petition is dismissed. No costs.

CRP 318 / 2013

CRPSR 1649 / 2013

PETITIONER RESPONDENT M/S. STATE BANK OF INDIA.,   VS BOKKA NEELAVENDRA RAO AND ANOTHERS PET.ADV. : CHAKRAVARTHY RESP.ADV. :  SUBJECT: ARTICLE 227 DISTRICT:  NELLORE

THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

CIVIL REVISION PETITION NO.318 OF 2013

ORDER:

None appears for the petitioner.

This civil revision petition is directed against an order passed on 31.07.2012 in I.A.No.499 of 2012 in O.S.No.188 of 2012.  The petitioner/bank is the plaintiff in the suit. The second defendant has been described as Ch. Kantha Rao. To correct the same as              C.L. Kantha Rao, the present I.A.No.499 of 2012 was moved. The second defendant in the suit is the guarantor. The learned                 I Additional Senior Civil Judge, Nellore has perused the deed of guarantee produced by the plaintiff/Bank. It reflected the name of the guarantor as Ch. Kantha Rao. Whereas, I.A.No.499 of 2012 has been moved describing that, by mistake the second defendant’s name has been described as Ch. Kantha Rao, whereas it should read as C.L. Kantha Rao.

When once the deed itself has been perused by the Court where it is found that the second defendant’s name is described as Ch. Kantha Rao, the plaintiff/bank cannot institute the I.A., for correcting his name as C.L. Kantha Rao without first making an attempt to correct the deed of guarantee executed by him. Therefore, the reason assigned by the Court for dismissing the I.A. does not warrant any interference and hence this civil revision petition is dismissed. No costs.

                    ________________________________

NOOTY RAMAMOHANA RAO, J

5^th February, 2013

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THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

CIVIL REVISION PETITION NO.3702 OF 2010

5^th February, 2013

sp