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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Venkatamma Namasivayam Since Dead by LRs. Shri N.D. Sadhaka – Appellant
Versus
K. Anil Kumar S/o Late K. Dasharatharamiah – Respondent
| Table of Content |
|---|
| 1. challenge to the order rejecting plaint amendment request. (Para 1 , 2) |
| 2. overview of the case and procedural history. (Para 3) |
| 3. arguments for and against the amendment. (Para 4 , 5) |
| 4. court's reflection on the proceedings and law. (Para 6 , 7 , 8) |
| 5. due diligence requirement and implications of amendments. (Para 9 , 10 , 11 , 12 , 13) |
| 6. final adjudication regarding amendment application. (Para 14) |
ORDER :
1. The petitioners/plaintiffs are before this Court calling in question an order dated 23-04-2025 passed by the XXXI Additional City Civil and Sessions Judge, Bengaluru on I.A.No.XVI in O.S.No.6773 of 2011 rejecting the application filed by the petitioners seeking amendment of the plaint under Order VI Rule 17 of the Code of Civil Procedure.
2. Facts, in brief, germane are as follows: -
The averment in the petition is that a partition deed was entered into between M.Kadarappa and his children on 24-03-1961. Under the partition deed, the suit schedule property fell into the share of father of the plaintiffs 1 to 13. On 01-02-2007 all the plaintiffs/petitioners herein executed a joint development agreement in favour of plaintiff No.16 M/s Adarsh Developers, a partne
Amendments to pleadings under Order VI Rule 17 of CPC require due diligence; delays in seeking such amendments post-trial commencement can justify rejection to prevent prejudice to opposing parties.
Order 6 Rule 17 CPC, which reads as amendment of pleadings.
The main legal point established in the judgment is the requirement of due diligence, as contained in the proviso to Order VI, Rule 17 of CPC, and the factors necessary to be considered while decidin....
Point of law: Order VI Rule 17 Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments sh....
The due diligence test in Order VI Rule 17 of the Code of Civil Procedure does not apply universally to all amendments after trial commencement; courts should focus on the necessity of amendments for....
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