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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE SUBBA REDDY SATTI, J
Narapureddy Dasumurthy – Appellant
Versus
Suravarapu Srinivasarao – Respondent
Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
| Table of Content |
|---|
| 1. defendants opposed amendment application (Para 7) |
| 2. court discussed amendment principles (Para 12) |
| 3. amendments must not cause injustice (Para 17 , 18 , 19) |
| 4. civil revision petition dismissed (Para 20 , 21) |
ORDER :
(SUBBA REDDY SATTI, J.)
The plaintiffs in the suit filed the above revision against the order dated 25.06.2024 in I.A.No.190 of 2024 in O.S.No.40 of 2017 on the file of Family Court-cum-III Additional District & Sessions Court, Srikakulam.
2. The plaintiffs filed the suit O.S.No.40 of 2017 for declaration of title and consequential permanent injunction etc. The plaintiffs pleaded title to the schedule property, by virtue of a registered sale deed dated05.07.2013, purchased from Dr.Narendra Kumar, who, in turn, purchased the schedule property from Appalakonda Rajarao in the year 2006. It was further pleaded that when the plaintiffs are preparing for construction of the boundary wall on 03.07.2017, the defendants tried to interfere and the said attempts was successfully resisted by the plaintiffs. Hence, the suit was filed.
3. a) The 1st defendant filed written statement. It was contended, interalia, that 1st defendant, Vivekananda and Thamminaidu are the so
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 after trial commencement are impermissible unless due diligence is shown; plaintiffs failed to justify the late amendment request.
Amendments to pleadings under CPC are permissible to ensure justice and proper adjudication, balancing the need for diligence with avoidance of multiplicity of litigation.
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 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 the plaint should be necessary for determining the real controversy in the suit and should not change the nature or character of the original claim.
A plaintiff asserting ownership based on historical rights and alleged partition must be permitted to pursue relief through trial when faced with disputed claims and questions of fact.
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