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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Mahadevamma, W/O Late Mahadeva – Appellant
Versus
Madegowda, S/O Late Madegowda – Respondent
ORDER :
S.R.Krishna Kumar, J.
This petition by the plaintiff in O.S.No.1643/2020 (Old O.S.No.114/2020) is directed against the impugned order dated 24.09.2025 passed on I.A.No.XII by the XI Additional Civil Judge and JMFC, Mysuru (hereinafter referred to as ‘the Trial Court’ for short), whereby the said application filed by the respondent – defendant No.2 under Order VI Rule 17 read with Section 151 of CPC for amendment of the written statement was allowed by the Trial Court.
2. Heard learned counsel for the petitioner and perused the material on record.
3. For the order proposed, notice to respondent is dispensed with.
4. A perusal of the material on record will indicate that the petitioner-plaintiff instituted the aforesaid suit seeking for permanent injunction in relation to the suit schedule immovable properties. The said suit having been contested by the defendants and the trial Court framed issues and the plaintiffs adduced oral and documentary evidence and pursuant to which, respondent – defendants commenced the evidence and at the stage of further examination of PW-1, the respondent filed the instant application seeking permission to amend the written statement by seeking incorp
Court affirmed that amendments to pleadings under Order VI Rule 17 of CPC can be allowed at any stage to promote justice, provided they do not cause injustice to opposing parties.
The Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
Amendments to pleadings should not change the nature of the suit or prejudice the other side; due diligence must be shown when seeking amendments.
Amendments to pleadings must be necessary to resolve substantive disputes rather than mere denials of the defendants' claims, as per the procedural rules governing civil litigation.
The amendment of pleadings is permitted to clarify claims and ensure proper adjudication of disputes, especially when no trial has commenced, and does not change the suit's nature.
The court emphasized the importance of bona fide amendments and a liberal approach to avoid multiplicity of litigations while considering applications for amendment under Order 6 Rule 17 of the CPC.
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