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B. S. BHANUMATHI
Gudimetla Durga Prasad Reddy – Appellant
Versus
Indian Overseas Bank – Respondent
ORDER :
This civil revision petition, under Article 227 of the Constitution of India, by the defendants is directed against the orders, dated 18.09.2018, allowing IA.No.516 of 2018 in OS.No.67 of 2017 on the file of the Court of Principal Junior Civil Judge, Srikakulam, filed under Order VI Rule 17 CPC read with Rule 28 of the Civil Rules of Practice to amend the word ‘defendant’ paragraphs (a) & (b) of third page of the plaint as ‘defendants 1 to 3 jointly and severally’.
2. Heard Sri S.Srinivasa Rao, learned counsel appearing for the revision petitioners/defendants 2 & 3 and Sri Sudha Madhuri Govindu, learned counsel for the 1st respondent/plaintiff. The parties shall hereinafter be referred to as the plaintiff, defendant No.1 and defendant No.2 for the sake of convenience and clarity.
3. The case of the plaintiff in the affidavit filed in support of the petition seeking amendment, in brief, is as follows:
The court emphasized that amendments to pleadings are allowed to avoid multiplicity of litigation and that a liberal approach should be adopted to permit amendments to sub-serve the cause of justice ....
Amendments to pleadings may be permitted at any stage unless they change the fundamental nature of the case; sufficient diligence must be shown when applying post-trial commencement.
Amendments to pleadings under Order 6, Rule 17 CPC should be liberally allowed unless they cause serious injustice or change the nature of the suit.
Point of law: Order VI Rule 17 Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments sh....
The court has the discretion to allow amendments to the plaint, even if the mistake was made by the counsel, as long as the amendment does not change the cause of action or the substantial dispute on....
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