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IN THE HIGH COURT OF ANDHRA PRADESH
Ravi Nath Tilhari, J
Pitta Samadana Swarooparani, W/o. Late Venkata Ratnam – Appellant
Versus
Pitta Kumari, W/o. Late Venkata Rathnam – Respondent
| Table of Content |
|---|
| 1. plaintiffs filed suit for partition (Para 3) |
| 2. defendants denied plaintiffs' claims (Para 4 , 10 , 11) |
| 3. plaintiffs sought amendment of plaint (Para 5) |
| 4. defendants opposed amendment application (Para 6) |
| 5. trial court allowed amendment (Para 7 , 8) |
| 6. delay not a ground to deny amendment (Para 9) |
| 7. court emphasized liberal approach (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 8. civil revision petition dismissed (Para 30 , 31) |
JUDGMENT :
Heard Sri Sreenivasa Rao Velivela, learned counsel for the petitioners, who appeared through virtual mode.
2. This civil revision petition under Article 227 of the Constitution of India has been filed by the defendants in the suit challenging the Order dated 08.11.2024 in I.A.No.1123 of 2024 in O.S.No.72 of 2015 passed by the learned Court of XV Additional District Judge, Krishna District at Nuzvid, which was filed by the respondents/plaintiffs under Order VI Rule 17 and Section 151 CPC for amendment of the plaint in the suit for partition.
3. The respondents filed the suit for partition with respect to the plaint schedule five items in number, claiming 25 shares after division of the s
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....
The court upheld the ruling that amendments to pleadings are permissible to facilitate just adjudication without injustice, reaffirming established principles governing such applications under the Co....
Amendments to pleadings should be allowed if necessary for determining the real questions in controversy, provided they do not change the nature of the suit or cause prejudice.
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