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HIGH COURT OF ANDHRA PRADESH
SUBBA REDDY SATTI
Kolla Pardhasaradhi, S/o Late Appala Raju – Appellant
Versus
Satyavarapu Trinadha Murthy, S/o Late Suryanarayana Murthy – Respondent
| Table of Content |
|---|
| 1. trial court's dismissal of amendment (Para 6) |
| 2. counsel argued for amendment (Para 9 , 10 , 11 , 12 , 13) |
| 3. amendments should avoid multiplicity (Para 14 , 15) |
| 4. revision allowed and order set aside (Para 16 , 17 , 18) |
ORDER :
SUBBA REDDY SATTI, J.
The plaintiffs in the suit filed the above revision against the order dated 27.03.2024 in I.A.No.614 of 2023 in O.S.No.4 of 2015 on the file of learned Judge, Family Court –Cum- III Additional District and Sessions Judge, Srikakulam.
2. The plaintiffs initially filed O.S.No.4 of 2015 against defendants 1 to 5, i.e., the respondents herein, seeking partition of the plaint schedule properties. Pending trial, the plaintiffs filed I.A.No.591 of 2023 under Order I Rule 10 read of the Code of Civil Procedure , 1908 (for short ‘C.P.C.’) read with Rule 28 of the Civil Rules of Practice (for short ‘Cr.P.C.’) to implead Bandi Venkata Sreeramulu and Kolla Shirisha as defendants 6 and 7 and for consequential amendments. The said I.A. was allowed on 20.03.2024.
3. Subsequently, the plaintiffs filed I.A.No.614 of 2023 under Order VI Rule 17 of CPC read with Section 28 of Cr.P.C. seeking amendment of the plaint by incorporating paragraph
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 after trial commencement are impermissible unless due diligence is shown; plaintiffs failed to justify the late amendment request.
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 must be made in good faith and should not cause prejudice to the opposing party, especially if they seek to withdraw prior admissions.
The court determined that amendments to pleadings, which do not alter the suit's nature, can be allowed to address existing disputes effectively.
Point of law: Amendments should be refused only where the other party cannot be placed in the same position as if the pleading had been originally correct, but the amendment would cause him an injury....
Order II Rule 4(c) C.P.C., would permit a single suit in respect of immoveable property only where the relief sought is based on the same causes of action. As several causes of action against several....
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