THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4978/2009 Date of Order: 21-4-2011 Between: 1. P.Subba Rao and another ..Petitioners and Jasti Venkata Satya Vani ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4978/2009 Oral order: Heard both the counsel appearing for the respective parties. In a suit, OS No.436/1998 on the file of Principal Senior Civil Judge, Vijayawada, filed for specific performance of an agreement of sale, on filing additional written statement, the revision petitioners/defendants sought to recast the issue No.1 originally framed “ Whether the agreement of sale dt. 27-3-1997 is true, valid and binding on these defendants or is brought into existence as stated by the defendants in their written statement?” as “Whether the agreement of sale dt. 27-3-1997 is true, valid and binding on the defendants or is brought in to existence in the circumstances stated in the amended written statement?” by filing IA No.1364/2009. On dismissal of the said petition by the impugned order dt. 28-8-2009, the present revision is filed. It is not in dispute, the revision petitioners/defendants filed IA No.1214/2002 seeking amendment of the written statement and the same was allowed on 21-7-2006. Against which, the respondent/plaintiff unsuccessfully carried the matter to the High Court in CRP No.4267/2007. On dismissal of the revision petition on 2-12-2008, the above IA came to be filed. Admittedly, there is not much difference from the issue framed originally and the issue to be recasted and the burden is always on the person who asserts the same, the original issue framed by the trial court on 8-6-2001 is recasted as under: “Whether the agreement of sale dt. 27-3-1997 is true, valid and binding on the defendants or is brought into existence as stated by the defendants in their written statement including the amended written statement ?” The Civil Revision Petition is accordingly disposed of No costs. _______________ A.GOPAL REDDY, J. Dt.21-4-2011 kmr