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B. S. BHANUMATHI
B. M. Rama Devi – Appellant
Versus
Gajula Gowramma – Respondent
ORDER :
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India against the orders dated 12.03.2020 dismissing the petition in I.A. No. 71 of 2020 in O.S. No. 36 of 2016 on the file of Senior Civil Judge’s Court, Punganur filed by the plaintiffs under Order VI Rule 17 CPC to permit them to amend the plaint in the description of the boundaries of the property shown in the schedule of the plaint as follows:
East: Tamarind Tree belongs to Ramaswamy Temple and land of others.
West: Land of 1st plaintiff.
North: Land of 1st plaintiff.
South: Road.
2. The petitioners contended that the boundaries described in their registered sale deed dated 19-03-1971 were erroneously described in the plaint due to mistake in understanding the boundaries noted in the sale deed, because they were described in a manner different from the ordinary manner.
3. The petition was opposed by the defendants by filing counter stating that the petition was filed belatedly after 4 years of filing the suit with ulterior motives to protract the suit proceedings and the propose
Amendments to pleadings under Order VI Rule 17 of C.P.C. can be allowed at any stage of proceedings to determine the real controversy.
Amendments to pleadings should be allowed if necessary to determine the real questions in controversy, provided they do not cause injustice to the other party.
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 ....
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