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R. RAGHUNANDAN RAO
P. Naveen Kumar Reddy – Appellant
Versus
Bandarupalli Chandra Sekhar Reddy – Respondent
Order:
The petitioner herein had filed O.S.No.66 of 2019 before the V Additional District Judge, Tirupati, for grant of permanent injunction in respect of 8,064 sq. feet of land in Sy.No.114 /3 of Panagal Revenue Village of Srikakulam Mandal, Chittoor District against the respondents herein. This suit was transferred to the XII Additional District Judge at Srikalahasthi and renumbered as O.S.No.71 of 2023.
2. The case of the petitioner in the suit was that the suit schedule property had been purchased by him, from his vendor, under a registered deed of sale dated 13.05.2015. Subsequently, an error was found in the boundaries set out in the sale deed and a rectification deed was executed by the vendor in favour of the petitioner, by way of a rectification deed dated 17.08.2015, registered as document No.4324 of 2015. The petitioner also traced title from one B. Guruva Reddy by setting out all the subsequent documents of alienation. The 4th respondent filed a written statement in which it was admitted that the original owner of the property was Sri B. Guruva Reddy and Smt. Jayamma, who were the parents of 4th respondent. The contention of the 4th respondent was that certain properties,
Amendments to pleadings post-trial commencement are permissible if due diligence is shown, and inadvertent mistakes in boundaries can be corrected.
Point of Law-Amendment of boundaries - After grant of ad interim injunction - Fresh cause of action will arose - Respondents/plaintiffs to withdraw the suit and file a fresh suit with correct schedul....
Amendments to pleadings must not alter the fundamental nature of the case or prejudice the opposing party; such amendments can be disallowed if they distort the original claims.
Amendments to pleadings should be allowed if necessary to determine the real questions in controversy, provided they do not cause injustice to the other party.
The central legal point established in the judgment is the requirement of due diligence for allowing amendments to pleadings after the commencement of trial, as per Order VI Rule 17 of CPC and establ....
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