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SUBBA REDDY SATTI
Jannela Umamaheswara Rao – Appellant
Versus
Voonna Sarveswara Rao – Respondent
ORDER :
Subba Reddy Satti, J.
1. The plaintiffs in the suit filed the above revision against the order dated 02.02.2024 in I.A.No.294 of 2023 in O.S.No.292 of 2009 on the file of learned Additional Civil Judge (Senior Division), Srikakulam.
2. Plaintiffs filed suit O.S.No.292 of 2009 for recovery of possession of plaint schedule property by evicting the 1st defendant and for consequential permanent injunction restraining the defendants and their men from ever interfering with plaint schedule property.
3. In the plaint, it was contended that the plaintiffs and their mother filed suit O.S.No.57 of 1973 on the file of Subordinate Judge, Srikakulam for partition against their father's brothers and others. A preliminary decree was passed on 27.04.1974 for 1/3rd share. A final decree was passed on 19.08.1975. The Amin handed over the property to the plaintiffs on 30.12.1975. The defendants 2 to 16 executed sale deeds in favor of the 1st defendant in respect of Ac.0.62 cents and Ac.0.121/2 cents under two registered sale deeds dated 21.12.2001 on 24.04.2001 mistakenly, for part of the property fell to the share of plaintiffs, by showing wrong boundaries. The 1st defendant, a real estate busin
Amendments to pleadings after trial commencement are impermissible unless due diligence is shown; plaintiffs failed to justify the late amendment request.
Amendments to pleadings are permissible if they do not change the nature of the suit and aim to prevent multiplicity of litigation.
Amendments to pleadings post-trial must not introduce new causes of action or cause injustice to the other side; they should be necessary for determining real questions in controversy.
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 that do not introduce new claims may be allowed even after the trial has commenced, emphasizing judicial discretion in such matters.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
The court affirmed that previous judgments preclude new claims conflicting with established decrees, emphasizing the importance of adherence to procedural rules regarding amendments and the limitatio....
Amendments to pleadings post-trial commencement are permissible if due diligence is shown, and inadvertent mistakes in boundaries can be corrected.
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