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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA
Gadde Venkata Suseela, D/o. Gaddevenkateswara Rao – Appellant
Versus
Gadde Seethamaha Lakshmi, W/o. Late Venkateswara Rao – Respondent
| Table of Content |
|---|
| 1. revision petitions challenging trial court orders. (Para 1 , 2 , 4) |
| 2. common order justified due to identical issues. (Para 3 , 5 , 6) |
| 3. arguments on amendments and their implications. (Para 7 , 8) |
| 4. factual background on property distribution and legal heirs. (Para 9 , 10) |
| 5. principles on amending pleadings under cpc. (Para 12 , 14 , 21) |
| 6. court's analysis on the admissibility of the will. (Para 15 , 22 , 23) |
| 7. conclusion setting aside trial court orders. (Para 24 , 25) |
ORDER :
V. SUJATHA, J.
Civil Revision Petition No.2580 of 2023 is filed by the petitioners-plaintiffs under Article 227 of the Constitution of India challenging the order dated 07.08.2023 passed in I.A.No.156 of 2020 in I.A.No.343 of 2019 in O.S.No.92 of 2019 by the Principal Junior Civil Judge, Gudivada, whereby, the Trial Court allowed the said interlocutory application filed Under Order VI Rule 17 of Code of Civil Procedure (for short "C.P.C.") to permit the respondents/defendants to amend the pleadings mentioned in the counter.
2) Civil Revision Petition No.2581 of 2023 is filed by the petitioners-plaintiffs under Article 227 of the Constitution of India challenging the order dated 07.08.2023 pas
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 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 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....
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.
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
The court affirmed that amendments to pleadings should be allowed liberally to ensure effective adjudication of the real questions in controversy, provided they do not cause injustice to the other si....
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