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B. S. BHANUMATHI
Sravanam Nageswara Rao @ Bujji Nageswara Rao – Appellant
Versus
Sravanam Pavan Kumar – Respondent
ORDER :
1. This civil revision petition, under Article 227 of the Constitution of India, by the petitioner/petitioner/plaintiff is directed against the orders, dated 21.07.2023, dismissing I.A. No. 99 of 2023 in O.S. No. 238 of 2015 on the file of the Court of the Additional Senior Civil Judge, Machilipatnam, filed under Order VI Rule 17 CPC and Section 151 CPC to permit the plaintiff to amend the plaint by way of inserting Para No. 5c in the interest of justice.
2. Heard Sri A.S.C. Bose, learned counsel appearing for the revision petitioner/plaintiff and Sri Narasimha Rao Gudiseva, learned counsel for the respondents/defendants Nos. 3, 5 & 8. The notices sent to the defendants Nos. 2 & 4 to the addresses as before the trial Court were returned un-served with an endorsement ‘no such addressee’. The 6th defendant died. Though the defendants Nos. 1, 7 & 9 were served, there is no appearance on their behalf. The parties shall hereinafter be referred to as the plaintiff and defendants 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:
Amendments to pleadings must be made in good faith and should not cause prejudice to the opposing party, especially if they seek to withdraw prior admissions.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
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 written statements are permissible to clarify defenses without withdrawing admissions, particularly before trial commencement.
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.
(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....
Amendment of plaint – All amendments which are necessary for determination of real question in controversy between parties are required to be allowed, unless proposed amendment has propensity to caus....
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