proposed amendment to be made in the written statement. = This new plea was proposed by the defendants 3 to 5 with an oblique motive to take away the previous admission contained in the original written statement to the effect that there was no joint family by the date of the deceased father purchasing the suit property in the year 1985. Having regard to inconsistency with the original written statement and oblique motive for the petitioners/defendants 3 to 5, this Court is of the opinion that the lower Court rightly negatived permission to the petitioners to amend the written statement. I find no error or illegality in the order passed by the lower appellate Court. Hence, the Civil Revision Petition is dismissed.

CRP 1115 / 2013

CRPSR 6226 / 2013

PETITIONER RESPONDENT KONTHAM VENKAT RAM REDDY, NALGONDA & 2 OTHERS   VS KONTHAM PADMA, NALGONDA & 2 OTHERS PET.ADV. : RAGHUVEER REDDY RESP.ADV. :  SUBJECT: ARTICLE 227 DISTRICT:  NALGONDA

THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU

CIVIL REVISION PETITION NO.1115 OF 2013

JUDGMENT:

      This revision petition is sought to be filed questioning the order passed by the lower court refusing permission to the defendants 3 to 5 to amend their written statement in the suit.

The first respondent-plaintiff executed a document styled as gift settlement deed dated 20.02.1992 in favour of the first defendant/second respondent.  The plaintiff filed the suit inter alia for cancellation of the said gift settlement deed on the ground of the first defendant playing fraud on her in obtaining the said document.  The suit is filed in the year 2007.  

When it is a case of fraud said to have been played by the first defendant on the plaintiff, there was no necessity for the plaintiff to implead the defendants 3 to 5 who are her children and who were minors at the time of the disputed document dated 20.02.1992.  

The defendants 3 to 5/petitioners filed separate written statement contending inter alia that there was no joint family subsisting as on 25.04.1985 when their deceased father purchased the suit property, in respect of which the disputed gift settlement deed was executed. 

 It was reiterated by the defendants 3 to 5 in their written statement to the effect that it is false to allege that the suit schedule property was purchased with amounts of alleged joint family.  

With the above pleadings, the parties went for trial; and PW1 was examined in the lower Court and the matter was coming up for further evidence of the plaintiff.

At that stage in the year 2013, the defendants 3 to 5 filed the present petition for amendment of written statement for pleading that the defendants 3 to 5 and their father were constituting Hindu Joint Family and after his death also the defendants 3 to 5 and the plaintiff constituted Joint Hindu Family and that the suit property is their joint family property and that the plaintiff has no capacity and right to alienate the same by way of gift settlement which is void ab initio and is not binding.  

This new plea proposed to be included in the additional written statement runs contra to the plea contained in the original written statement to the effect that there was no joint family at all.  

It appears that the defendants 3 to 5 with a view to help the plaintiff with another ground of attack against the gift settlement deed, wanted the proposed amendment to be made in the written statement.  

This new plea was proposed by the defendants 3 to 5 with an oblique motive to take away the previous admission contained in the original written statement to the effect that there was no joint family by the date of the deceased father purchasing the suit property in the year 1985.  

Having regard to inconsistency with the original written statement and oblique motive for the petitioners/defendants 3 to 5, this Court is of the opinion that the lower Court rightly negatived permission to the petitioners to amend the written statement.  I find no error or illegality in the order passed by the lower appellate Court.

Hence, the Civil Revision Petition is dismissed.

____________________

SAMUDRALA GOVINDARAJULU, J

20^th March, 2013.

Dv/Rns