SUBBA REDDY SATTI
Gundluru Sreenivasulu, S/o Late Subbachari – Appellant
Versus
Gundluru Bhagyamma, W/o Late Subramanyam Achari – Respondent
ORDER :
Defendant Nos.5 and 6 in the suit filed the present civil revision petition under Article 227 of the Constitution of India aggrieved by common order, dated 10.03.2022 passed in I.A.Nos. 36, 37 and 38 of 2022 in O.S.No.52 of 2009 respectively on the file of learned Senior Civil Judge, Piler.
2. Respondent herein being the plaintiff filed O.S.No.52 of 2009 on the file of learned Senior Civil Judge, Piler, to declare that plaintiff has got right and title over 3/4th share in ‘A’ schedule properties and half share in ‘B’ schedule properties and to partition and deliver possession of the same etc.
3. In the plaint, plaintiff contended inter alia that she is wife and defendant No.1 in the suit is mother of deceased Subramanyam Achari; that ‘A’ schedule properties are ancestral and joint family properties of Subramanyam Achari and his son Nagendra; that both are having half share; that Nagendra, died intestate, unmarried, on 18.05.1994 leaving behind him the plaintiff as sole legal heir; that plaintiff succeeded to his half share in ‘A’ schedule properties; that Subramanyam Achari, husband of the plaintiff died intestate on 24.07.1996 leaving behind the plaintiff and defendant No.1 i
The court established that compliance with procedural rules regarding the introduction of evidence is essential, and failure to seek leave to file documents can result in their exclusion.
The court upheld the dismissal of a petition to introduce documents after cross-examination, emphasizing adherence to procedural rules under CPC.
The court established that procedural delays should not prevent the introduction of relevant evidence, prioritizing substantial justice.
The main legal point established in the judgment is that an application for amendment of pleadings under Order-I, Rule-10 of CPC is not maintainable at a belated stage after commencement of trial, un....
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