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K. MANMADHA RAO
Vedala Antarvedi Antarvedi Narasimhacharyulu – Appellant
Versus
Komati Lakshmi Andal Sai Rani – Respondent
| Table of Content |
|---|
| 1. intestate succession and proprietary rights. (Para 4 , 8) |
| 2. counterarguments against proposed plaint amendments. (Para 5 , 6) |
| 3. principles regarding amendment of pleadings. (Para 7 , 9 , 10 , 11 , 12 , 14 , 23) |
| 4. amendments in the interests of justice. (Para 13 , 15 , 17 , 20) |
| 5. orders issued regarding case remand. (Para 24) |
ORDER :
K.Manmadha Rao, J.
As the issue involved in all these civil revision petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order.
2. Heard Mr.Sivalenka Ramachandra Prasad, learned counsel appearing for the petitioners and Mr.K.V.G.M.Krishna Rao, Sri P.Prabhakar Rao and Sri Venkata Durga Rao.A., learned counsels appearing for the respondents.
3. Since the facts in all the civil revision petitions are similar and identical, therefore CRP No.1183 of 2019 is taken as lead case, and the facts therein hereinafter will be referred to for convenience.
4. The facts of the case are that the father of the petitioner by name Vedala Ramanujacharyulu died intestate on 10.10.1967. During his lifetime, his father bequeathed a Will on 25.07.1948 and a Gift deed dated 06.06.1953. His mother by name Ve
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....
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.
Proposed amendments to pleadings must not withdraw clear admissions made by a party, especially one that is deceased, and must not alter the nature of the suit or infringe upon the opposing party's r....
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.
The main legal point established in the judgment is that the amendment of pleadings under Order VI Rule 17 of the CPC should be allowed only if it is necessary to determine the real issue in controve....
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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