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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
| 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 :
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.
3. a) The 1st defendant filed written statement. It was contended, interalia, that 1st defendant, Vivekananda and Thamminaidu are the sons of late sri S.Kaminaidu. The said Kaminaidu and Etcherla Appanna jointly purchased Ac.2.43 cents in S.No.168 of Patha Srikakulam, T.S.No.96 and an extent of Ac.1.75 cents in S.No.182-75, T.S.No.111 under a registered sale deed dated 27.07.1966 from Gudivada Venkata Varadaraju and others. They enjoyed the property jointly till 1984. S.Kaminaidu filed suit O.S.No.44 of 1984 on the file of Additional Subordinate Judge‟s Court, Srikakulam for partition. A preliminary decree was passed on 18.08.1987. An advocate commissioner was appointed and a final decree was passed in I.A.No.195 of 1988 on 01.03.1990. The pr
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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