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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
Gundla Govinda Rajulu, S/o. Late Pattabhiramaiah Naidu – Appellant
Versus
Peddisetty Srinivasa Kumar, S/o. Jithendranath Babu – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's order (Para 1 , 2 , 3) |
| 2. factual background of property disputes (Para 5 , 6 , 8) |
| 3. arguments on amendment of plaint (Para 10 , 11 , 12) |
| 4. legal principles on amendment of pleadings (Para 14 , 15 , 16) |
| 5. conditions for allowing amendments (Para 20 , 21 , 22) |
| 6. consequences of late amendment and adverse possession (Para 23 , 24 , 25 , 27) |
| 7. conclusion and dismissal of petitions (Para 28 , 29 , 30 , 31) |
ORDER :
V. SUJATHA, J.
Civil Revision Petition No.1358 of 2023 is filed by the petitioners-plaintiffs under Article 227 of the Constitution of India challenging the order dated 10.03.2023 passed in I.A.No.373 of 2022 in O.S.No.227 of 2014 by the VII Additional District Judge, Gudur, whereby, the Trial Court dismissed the said interlocutory application filed Under Order VI Rule 17 of Code of Civil Procedure (for short "C.P.C.") to permit the petitioners/plaintiffs to amend the plaint.
2) Civil Revision Petition No.1357 of 2023 is filed by the petitioners-plaintiffs under Article 227 of the Constitution of India challenging the order dated 10.03.2023 passed in I.A.No.372 of 2022 in O.S.No.264 of 2014 by the VII Additional District Judge, Gudur,
Amendments to pleadings must not alter the nature of the suit and must be sought with due diligence, particularly before trial commencement; claims based on adverse possession are limited to a 12-yea....
The Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
Proposed amendments to pleadings must not withdraw clear admissions made by a party, especially one that is deceased, and must not alter the nature of the suit or infringe upon the opposing party's r....
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.
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.
Amendments to pleadings under Order VI Rule 17 of CPC can be permitted even post-delay if they facilitate effective adjudication and do not cause injustice to the opposing party.
Amendments to pleadings under CPC are permissible to ensure justice and proper adjudication, balancing the need for diligence with avoidance of multiplicity of litigation.
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