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HIGH COURT OF ANDHRA PRADESH
RAVI NATH TILHARI, MAHESWARA RAO KUNCHEAM
Ayalasomayajula Bhavani Sankara Shastry – Appellant
Versus
Ayalasomayajula Lakshmi Narasamma (Died) – Respondent
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri Sunil H. Ganu, Senior Advocate, assisted by and for M. Chalapathi Rao, learned counsel for the appellant/petitioner and Sri V.R.N. Prashanth, learned counsel for the respondents.
I. Facts:
(A) A.S. No.80 of 2018:
2. This Appeal under Section 96 of the Code of Civil Procedure (in short ‘CPC’) has been filed by the appellant/plaintiff in O.S. No. 94 of 2010 in the Court of X Additional District and Sessions Judge, Visakhapatnam District at Anakapalle, challenging the dismissal of the said suit, vide judgment and decree dated 22.11.2017.
3. O. S. No. 94 of 2010 was filed by Ayalasomayajula Bhavani Sankara Shastry for partition of immovable properties in the plaint schedule, Item Nos. I to IV into 5 equal shares; for partition of Item Nos. V and VI into 5 equal shares; and for partition of Item No. VII into 70 equal shares and to allot 11 such shares to the plaintiff; and also to partition of Item No. VIII into 10 equal shares, and to allot one such share to the plaintiff and to put him/deliver the same to him by converting the joint possession into separate possession, as also for future profits and costs of the suit.
4. The respondents are the d
(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....
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.
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....
The court upheld the ruling that amendments to pleadings are permissible to facilitate just adjudication without injustice, reaffirming established principles governing such applications under the Co....
An amendment to pleadings should be allowed if it is necessary for proper adjudication, bona fide, does not cause irreparable prejudice, avoids injustice or multiple litigation, does not change the n....
Amendments to pleadings should be allowed if necessary for determining the real questions in controversy, provided they do not change the nature of the suit or cause prejudice.
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