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ASHOK S. KINAGI
T. M. sujatha – Appellant
Versus
Narayanappa – Respondent
JUDGMENT
1. The petitioner being aggrieved by the order dtd. 28/10/2021, passed in O.S.No.304/2016 by the Additional Senior Civil Judge and CJM, Tumakuru, has filed this writ petition.
2. Brief facts leading rise to filing of this petition are as under:
The petitioner has filed a suit in O.S.No. 304/2016 for the relief of specific performance of contract. In the said suit, respondents appeared and filed written statement. When the case was posted for further evidence of petitioner, the petitioner has filed an application for amendment of plaint. In support of the said application, petitioner has filed an affidavit stating that during the pendency of the instant suit, respondents colluded with each other and filed a suit in O.S.No.306/2019 before the Senior Civil Judge, Tumakuru, without making the petitioner as a party. In the said suit, the respondents entered into a compromise by suppressing the execution of registered sale agreement in favour of the petitioner. On coming to know about the compromise decree passed in O.S.NO.306/2019, the petitioner has filed the application seeking to amend the plaint.
The said application was opposed by the respondents stating that the applicatio
The importance of a speaking order and the need for the Trial Court to apply its mind while considering applications for amendment, especially in cases involving subsequent developments after the ins....
Timely amendment applications in civil proceedings must demonstrate due diligence, particularly after trial has commenced, to prevent delays.
The petitioner must provide proper reasons and assign adequate cause for not filing a document at the earliest point of time.
Amendments to pleadings under the Code of Civil Procedure are permissible post-commencement of trial to incorporate subsequent events or correct errors, provided they are necessary for determining th....
The main legal point established in the judgment is that an amendment seeking to introduce a time-barred claim and lacking due diligence after the trial has commenced cannot be allowed.
In the interest of justice and equity, the Court may set aside an exparte order and provide an opportunity for the petitioner to participate in the proceedings by filing a written statement.
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