CIA-3

Civil Procedural Law

Petition Filed under Order Order 6 Rule 17

of Civil Procedural Code

Submitted To: Mr.Devaiah

School Of Law,

Christ.

Submitted By: Venkatesh Reddy

1550562

8BBA LLB ‘B’

 IN THE COURT OF I ADDITIONAL JUNIOR CIVIL JUDGE :: TIRUPATI

O.S. No.92 OF 2015

N.Krishna Reddy, …Plaintiff

Vs.
R.V.Prabhakar Naidu …Defendant

AFFIDAVIT FILED ON BEHALF OF THE PLAINTIFF

I, N.Krishna Reddy, S/o Late Munaswamy Reddy, Hindu, aged about 80

years, Business, residing at Tiruchanoor village, Tirupati Rural Mandal, Chittoor
District, do hereby solemnly affirm and state as follows:

1. I am the deponent herein and plaintiff in the above suit.

2. I submit that I filed the above suit for permanent injunction and for such other
reliefs.

3. I submit that the above matter is coming for submission of arguments on my

behalf as on today i.e. 15.04.2019. I submit that meanwhile, it was noticed that the
name of the defendant was mentioned as R.V.Prabhakar Naidu, S/o Venkatappa
Naidu instead of R.Prabhakar Naidu, S/o R.Appaji Naidu in the plaint by mistake.
That the defendant filed a memo to that effect and he also deposed the same in his
chief examination affidavit. That on account of oversight, I failed to file this petition
for amendment of the name of the defendant on an earlier occasion. That the said
mistake is only on account of oversight and not intentional. That the same mistake
may lead to unnecessary complication and hence I am advise to file this petition
seeking amendment of the plaint. That the said amendment will not affect the rights
of the other side in any manner and it will not change the nature of the suit also.
The said mistake is only by mistake and the same has to be rectified. That on account
of oversight, the said mistake could not be rectified on an earlier occasion inspite of
diligently conducting the above suit. Hence I am advised to file this petition.

4. It is therefore prayed that the Honourable Court may be pleased to permit me

to amend the plaint by incorporating the name of the defendant as R.Prabhakar
Naidu, S/o R.Appaji Naidu instead of R.V.Prabhakar Naidu, S/o Venkatappa Naidu
or else I will be put to serious loss and hardship.

Deponent
Solemnly affirmed and signed before me at Tirupati on

Advocate/Attestor
 IN THE COURT OF I ADDITIONAL JUNIOR CIVIL JUDGE :: TIRUPATI

I.A. No. OF 2019

O.S. No.92 OF 2015

N.Krishna Reddy,
S/o Late Munaswamy Reddy,
Hindu, aged about 80 years,
Business, residing at Tiruchanoor village,
Tirupati Rural Mandal, Chittoor District …Plaintiff/Petitioner

Vs.

R.Prabhakar Naidu,
S/o R.Appaji Naidu (wrongly mentioned as R.V.Prabhakar Naidu, S/o
Venkatappa Naidu),
Hindu, aged about 60 years,
Business, residing at D.No.5/80/D,
Padmavathi Residency,
Padmavathi Nagar, Tirupati,
Chittoor Ditrict. …Defendant/Respondent

PETITION FILED ON BEHALF OF THE PETITIONER/PLAINTIFF UNDER

ORDER 6 RULE 17

That for the reasons stated in the accompanying affidavit, the Honourable
Court may pleased to permit the petitioner/plaintiff to amend the pleading as
mentioned below and pass such other orders as deemed just and proper in
circumstances of the above case

Advocate for the Petitioner/Plaintiff

Details of the proposed amendment:

To change the name of the defendant as R.Prabhakar Naidu, S/o R.Appaji

Naidu instead of R.V.Prabhakar Naidu, S/o Venkatappa Naidu in the short cause
title as well as in long cause title of the plaint.

Advocate for the Petitioner/Plaintiff

 IN THE COURT OF I ADDITIONAL
JUNIOR CIVIL JUDGE :: TIRUPATI

I.A. No. OF 2019

O.S. No.92 OF 2015

PETITION FILED ON BEHALF OF

THE PETITIONER/PLAINTIFF
UNDER ORDER 6 RULE 17

Filed on; .03.2019

Filed by:

VR LEGAL
ADVOCATES, TIRUPATI