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B. S. BHANUMATHI
Satna Rukminamma – Appellant
Versus
Satna Parameswara Rao – Respondent
ORDER :
This civil revision petition, under Article 227 of the Constitution of India, by the unsuccessful defendants is directed against the orders dated 08.09.2021, of the Family Court-cum-VI Additional District Judge, Kadapa, dismissing IA.No.149 of 2021 in OS.No.29 of 2014 filed under Order VI Rule 17 CPC seeking to amend the plaint.
2. Heard Sri G.V.S. Kishore Kumar, learned counsel appearing for the revision petitioners/defendants and Smt. M. Siva Jyothi, learned 1st counsel for respondent/plaintiff. The other respondents are shown as proforma parties.
3. The case of the revision petitioners, in brief, is that the plaintiff brought the suit against the defendants for partition and separate possession of the suit schedule properties into four shares and for allotment of one such share to him by taking into good and bad qualities of the properties and in case the defendants fail to extend their cooperation, the same may be done through due process of law. The 1st respondent being the head of the family, while managing the joint family affairs, purchased several items of properties for the benefit including the interest of the joint family and for the benefit of the respondents by o
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Point of law: Amendments should be refused only where the other party cannot be placed in the same position as if the pleading had been originally correct, but the amendment would cause him an injury....
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
An application to amend the plaint is maintainable even after passing of the preliminary decree, since the suit is not terminated and proceedings are continuous.
The main legal point established in the judgment is that amendments necessary for effective adjudication of the controversy between the parties should be allowed, provided they do not cause injustice....
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