2002 Supreme(AP) 1447
Andhra Pradesh High Court
Judges : L.NARSIMHA REDDY
Batchu Laxmepathi - Appellant
Versus
M.Prakash - Respondent
Decided On : 12-17-02
Headnote:
Civil Procedure Code - Section 151 - Rule 17 - Order VI - Land belonging - Boundary - Declaration - Revenue - Irregularity - illegality - Counsel for petitioner submits that it is permissible to amend pleadings order VI Rule 17 read with Section 151 as long as no fresh cause of action is introduced and that there was no justification for trial Court to reject application filed by petitioner - It is his contention that what was sought to be introduced by way of amendment was only correct state of affairs as borne out by the records and if amendment is not carried out adjudication has to take place contrary to facts reflected in by the record, such as village map - He cited judgments of this Court as well Supreme Court in support of his contention - Held, this decision of a Bench of three learned Judges of this Court is a clear authority for the proposition that once the written statement contains an admission in favour plaintiff by amendment such admission of defendants cannot be allowed to be withdrawn if such withdrawal would amount to totally displacing case of plaintiff and which would cause him irretrievable prejudice - For petitioner submits that unless amendment is allowed suit has to be decided on a set of pleadings which run contrary to records such as authenticated map etc - Counsel for respondent other hand submits that even where there exists any dispute as to extent etc - Boundaries will prevail upon that as held by this Court - accordingly dismissed
( 2 ) THE petitioner herein filed written statement admitting the fact that his land touches the eastern boundary of the land of the respondent. Subsequent, he filed LA. No. 268/2001 for amendment of the written statement. Through that amend, he wanted to introduce the fact that between the land of the petitioner in Sy. Nos. 72/1 and 72/2 and the land of the respondent in Sy. No. 65/1, there exist another survey number viz. , sy. No. 66. The said IA was dismissed, through order dated 26-3-2002. Hence this revision.
( 3 ) SRI C. R. Pratap Reddy, learned counsel for the petitioner, submits that it is permissible to amend pleadings under order VI Rule 17 read with Section 151 of cpc as long as no fresh cause of action is introduced and that there was no justification for the trial Court to reject the application filed by the petitioner. It is his contention that what was sought to be introduced by way of amendment was only the correct state of affairs as borne out by the records and if the amendment is not carried out, the adjudication has to take place contrary to the facts reflected in by the record, such as village map. He cited judgments of this Court as well as the Supreme Court in support of his contention.
( 4 ) SRI C. C. S. Sastry, learned counsel for the respondent, on the other hand, submits that once the petitioner herein had admitted the contention of the respondent with regard to location of the sui t schedule land, through the written statement, it is not open to him to retreat from the same. According to the learned counsel, valuable rights accrue on the basis of such admission and such rights cannot be permitted to be taken away through the amendment.
( 5 ) IN the suit, the respondent sought for declaration of title in respect of plot admeasuring 485. 3 sq. yards in Sy. No. 65/1. In the schedule, they furnished the boundaries as under: north. . Land of Malliah south. . Sircilla Road east. . Land in Sy. Nos. 72/1 and 72/2 of Parsi Krishna Murthy, presently the Defendant west. . House of Raja Lingam
( 6 ) THE petitioner filed his written statement. So far as the location of the suit schedule property and the boundaries burnished therefor are concerned, in para 4 of the written statement, after referring to the manner in which he purchased the plot on Sy. Nos. 72/1 and 72/1, pleaded as under: "the total a rea of the said plot is (217. 44) sq. yards and the width of the plot running from East to West, abutting sircilla road is 38" (thirty eight feet ). The said plot touched the Eastern boundary of the land of the plaintiff. " in view of the said pleadings, the contention of the learned counsel for the respondent that the petitioner is their immediate neighbour stood admitted. By filing I. A. No. 268/2001, he wanted to introduce the version that the plots of the petitioner and the respondent are separated by the land in sy. No. 66.
( 7 ) NORMALLY, the courts should be liberal in permitting the amendments to the pleadings. The reason is that the amendments will enable the parties to put forward the correct state of affairs before the Court and grant of permission to amend would in most of the cases avoid multiplicity of litigation. However, there are certain exceptions to this liberal approach. For example, where the cause of action, which is otherwise barred by law, is sought to be introduced by way of amendment, the same is impermissible. The instances of amendment being allowed or rejected are almost common phenomenon. Law on the subject, emanating from the