IMPORTANT POINT
The court affirmed that amendments to pleadings are permissible at any stage before trial commencement, provided they do not cause injustice to the other party.

ORDER :

1. The respondent in the present Civil Revision Petition filed O.S. No. 11 of 2023 on the file of the Court of II Additional District Judge, Parvatipuram, for declaration of title over the plaint schedule property, which is RCC slabbed house with two floors, two shops and appurtenant vacant site, situated in Ward No. 3, Block No. 13 situated by the side of the road leading to Vantaram village with Door No. 13-112/113/114 in Sy. No. 355/2 and another RCC slabbed building with appurtenant vacant site with Door No. 13-109 with an assessment No. 1642 in the same survey number. Unnecessary details are shorn off.

2. The revision petitioners-defendants filed their written statement in the said suit denying the plaint averments and prayed for dismissal of the suit.

3. Be that as it may, the respondent in the present revision, who is the plaintiff in the suit, filed I.A. No. 118 of 2024 under Order VI Rule 17 of C.P.C. for amendment of plaint schedule by adding item No. 3 in the schedule as “the lands situated in Mettavalasa village, Bobbili Mandal, situated in Sy. No. 43/11 which is an extent of Acs.2.02 cents dry land” and consequently to amend Para IV in 9th line after the date 12.07.2023 “when the defendants field a counter alleging that they obtained an unregistered Will from mother of plaintiff on 10.02.2023” and to amend Para V of the plaint schedule, the value of the Court fee in the 6th line starting after paid under as “the value of Item No. 3 is Rs.30,03,000/- and 3/4th market value is Rs.22,52,250/- and Court fee of Rs.14,026/- is paid.” So also, the total Court fee is to be amended as Rs.2,63,452/- Para VI of the plaint in the 2nd line of sub-para (a) after schedule properties “the Will dated 10.02.2023 is not valid and binding on the plaintiff.”

4. The present I.A. No. 118 of 2024 was filed by the plaintiff (respondent in the present revision) alleging that they came to know about the Will dated 10.02.2023, which is said to be executed in favour of the defendants, after filing of the counter/ written statement in the suit. Therefore, it is necessary to add the lands situated in Mettavalasa village, Bobbili Mandal in Sy. No. 43/11 which is an extent of Acs.2.02 cents dry land as item No. 3 in the plaint schedule property.

5. The revision petitioners-defendants filed their counter in the said I.A. and denied the averments in said I.A. and asserted that the amendment cannot be claimed as a matter of right under all circumstances and the said amendment will give rise new cause of action.

6. The learned trial Judge allowed the I.A. observing that the amendment will not cause prejudice to both parties; to come to conclusion that allowing the petition to amend the plaint will be useful to determine the fact in issue and also will be useful to determine the rights of the parties over the schedule property as well as property added by virtue of this amendment to the plaint schedule property to avoid multiplicity of litigation.

7. The said impugned order is assailed in the present Civil Revision Petition on the grounds that the amendment that it is necessary does not cause injustice or prejudice to other party and the Will dated 10.02.2023 is not valid Will and the amendment petition is not maintainable without filing rejoinder.

8. It is imperative to extract Order VI Rule 17 of C.P.C. as it now exists is as follows:

17. Amendment of Pleadings - The 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 shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties:

Provided that no application for amendment shall be allowed after the trial has commenced, unless the court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.

9. The Hon’ble Apex Court in Rajesh Kumar Aggarwal and Others v. K.K.