THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 1984 of 2010 ORDER: 1. This Civil Revision Petition is filed against the order dated 23.03.2010 in I.A. No.1231 of 2009 in O.S. No.208 of 2004 on the file of the Senior Civil Judge, Karimnagar, whereunder and whereby petition filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) for amending written statement, was dismissed. 2. Inspite of service of notices, none appears for the respondents 1 to 3. Heard the learned counsel for the petitioners. 3. The learned counsel for the petitioners contended that the petitioners are bona fide purchasers of a part of the schedule land for a valuable consideration, and due to inadvertence, such a plea has not been taken in the written statement, and therefore, the present petition is filed when the suit is coming on for evidence of the petitioners/defendants 5 to 7. 4. The petitioners/defendants 5 to 7 are said to be bona fide purchasers of a part of schedule property for a valuable consideration from the first defendant. The amendment now sought for is, to add in the written statement that they are bona fide purchasers for valuable consideration to enable them to let in evidence on that plea. Unless such a plea is taken in the written statement, no amount of evidence thereon can be looked into by the trial Court. Further more, so as to claim equities at the time of passing of final decree proceedings, existence of such a plea is essential. Unless such a plea is taken at the earliest point of time, the petitioners cannot claim equities at the time of passing of final decree. Though the amendment now sought to be taken in the written statement is filed after commencement of trial, still to settle the dispute in controversy, the amendment ought to have been allowed by the trial Court. 5. The Civil Revision Petition is, accordingly, allowed and consequently I.A. No.1231 of 2009 shall stand allowed. No costs. --------------------- (K.C.Bhanu, J.) 02.07.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 1984 of 2010 02.07.2010 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No. 1984 of 2010 02.07.2010 Between: Karuka Prakash Reddy & others …Petitioners And Gajula Sanjeev Kumar & others …Respondents