IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sri Justice Tarlada Rajasekhar Rao, J
K. Padma Joshi – Appellant
Versus
Rev Doraballi John Augustine – Respondent
ORDER :
TARLADA RAJASEKHAR RAO, J.
The petitioners in S.R.O.P.No.6 of 2017 (hereinafter called as 'original petition') on the file of the I Additional District Judge, Prakasam at Ongole, filed O.P. under Section 23 of the Societies Registration Act, 2001, to declare the standing committee resolution dated 06.06.2017 in “re-appointing” the 1st respondent in the Original Petition as Pastor, as illegal, ultra vires, against the principles of natural justice and, consequently, prayed to set aside the appointment of the 1st respondent by name Rev. Doraballi John Augustine, as Pastor.
2. The 1st respondent in the original petition made an application to the society, JMB Church to appoint him as Pastor and his appointment was validated with certain conditions through resolution dated 06.06.2017. The said resolution was assailed in the aforesaid original petition stipulating some conditions, which are irrelevant for the purpose of disposal of the present Civil Revision Petition.
3. The 1st respondent as well as other respondents have filed their counters in the original petition and contended that the very filing of the petition is not maintainable and raised several other grounds for dismissa
Amendments to pleadings after trial commencement must not change the nature of the suit or introduce new causes of action, and must demonstrate due diligence.
The court affirmed that amendments to pleadings are permissible at any stage before trial commencement, provided they do not cause injustice to the other party.
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings after the commencement of trial, as well as the purpose of the amendment to cu....
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
Amendments to pleadings post-trial require showing of due diligence, and must not alter the fundamental nature of the case, or cause undue prejudice to the opposing party.
The main legal point established in the judgment is that the relief claimed in a suit becoming infructuous due to subsequent events can impact the amendment of the plaint and the proper procedure for....
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