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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
Mutham Chetty Muneiaha (Died) – Appellant
Versus
M. Venkata Subbaiah, (Died) – Respondent
| Table of Content |
|---|
| 1. context of the civil revision petition. (Para 1 , 2 , 3) |
| 2. issues with genealogy amendments. (Para 4 , 7 , 8 , 9) |
| 3. arguments by both parties regarding amendments. (Para 6 , 10 , 11) |
| 4. rules on amendments under order vi rule 17. (Para 12 , 13 , 14) |
| 5. legal precedents regarding amendments. (Para 15 , 17 , 18 , 19 , 20) |
| 6. principles outlined for amendment applications. (Para 21 , 22 , 24 , 25) |
| 7. rationale for denying the amendment request. (Para 26 , 27) |
| 8. conclusion of the judgment. (Para 28 , 29 , 30) |
ORDER :
V. SUJATHA, J.
This civil revision petition is filed by the petitioners – plaintiffs under Article 227 of the Constitution of India challenging the order date 04.03.2024 passed in I.A.No.621 of 2018 in O.S.No.167 of 2012 by the IV Additional District Judge, Tirupati, whereby, the Trial Court dismissed the said interlocutory application filed under Order VI Rule 17 and Section 151 of Code of Civil Procedure (for short "C.P.C.") to amend the plaint.
2) For the sake of convenience, the parties to the revision will hereinafter be referred as plaintiffs and defendants, as arrayed before the Trial Court in I.A.No.621 of 2018 in O.S.No.167 of 2012.
3) Initially, one M
Amendments to pleadings may be permitted at any stage unless they change the fundamental nature of the case; sufficient diligence must be shown when applying post-trial commencement.
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.
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....
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.
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....
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