RAVI NATH TILHARI
K. Krishnamurthy Chetty – Appellant
Versus
K. Sriramulu Chetty – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri T.P. Phani Kumar, learned counsel for the revision petitioner.
2. The Civil Revision Petition No. 1637 of 2023 has been filed under Article 227 of the Constitution of India challenging the order dated 16.03.2023, passed in I.A.No. 1175 of 2022 in O.S.No. 547 of 2020, on the file of the I Additional Junior Civil Judge, Chittoor.
3. The Civil Revision Petition No. 1638 of 2023 has been filed under Article 227 of the Constitution of India challenging the order dated 16.03.2023, passed in I.A.No. 1176 of 2022 in O.S.No. 547 of 2020, on the file of the I Additional Junior Civil Judge, Chittoor.
4. Both the civil revision petitions are being disposed of by this common judgment.
5. The petitioner in both the revisions is the defendant No. 3 in the suit and the respondent No. 1 is the plaintiff whereas the respondents 2 and 3 are the defendants 1 and 2 respectively in the suit. The plaintiff respondent filed the suit for partition and for separate possession with respect to the suit schedule property.
6. The 3rd defendant filed the written statement.
7. The plaintiff respondent No. 1 filed I.A.No. 1175 of 2022 under Order VI Rule 17 C.P.C for amendment
The mandatory nature of the proviso to Order VI, Rule 17 of the Code of Civil Procedure, 1908, restricts the court's jurisdiction to allow amendments after the trial has commenced, emphasizing the ne....
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.
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....
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