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TARLADA RAJASEKHAR RAO
Boora Krishnaveni – Appellant
Versus
Kalagarla Lakshmi Sirisha – Respondent
ORDER :
TARLADA RAJASEKHAR RAO, J.
1. The civil revision petitioner herein, who is the plaintiff in the suit, filed suit O.S. No.157 of 2015 on the file of the Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class, Vizianagaram, for permanent injunction, of course, belatedly filed an interlocutory application, vide I.A. No.121 of 2023, for amendment of the boundaries in the schedule, wherein it is noticed that the northern and southern boundaries were wrongly typed, hence filed an application for amendment to note down correct boundaries.
2. The boundaries mentioned in the schedule prior to amendment:
North : common passage
West : common stair case
South : House of Narasinga Rao
3. The amendment petition was dismissed by the learned trial Court Judge on the following grounds:
(2) The amendment would not cause injustice to the other party, and the amendment must be necessary to determine the real question in controversy between the parties;
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.
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 post-trial commencement are permissible if due diligence is shown, and inadvertent mistakes in boundaries can be corrected.
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.
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....
Amendments to a plaint should generally be permitted unless they change the nature of the lawsuit or cause injustice to the opposing party, especially when the case is still at a preliminary stage.
The necessity of timely filing an application for amendment and the consideration of potential prejudice to the opposing party.
Amendments to pleadings are permissible for effective adjudication and rectifying typographical errors, even if sought at a later stage, provided they do not change the nature of the petition.
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