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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Ramakrishnaiah S/O. Late Mariyappa – Appellant
Versus
Shivashankaraiah, S/O. Late Veerabhadraiah – Respondent
ORDER :
S.R. Krishna Kumar, J.
This petition by the defendant in O.S.No.697/2023 on the file of the VI Additional Civil Judge and VII JMFC, Tumakuru (hereinafter referred to as ‘the Trial Court’ for short) is directed against the impugned order passed in I.A.No.III, whereby the said application filed by the respondent – plaintiff under Order VI Rule 17 of CPC seeking amendment of the plaint 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 respondent – plaintiff instituted the aforesaid suit against the petitioner – defendant for temporary injunction and other reliefs in relation to the suit schedule immovable properties. The said suit having been contested by the defendant, plaintiff examined himself as PW-1 and at the stage of further cross examination in chief, the respondent – plaintiff filed the instant application seeking amendment of plaint by seeking the prayer of declaration of the title together with pleadings in this regard. The said application having been opposed by the defendant, the T
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 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 under CPC are permissible to ensure justice and proper adjudication, balancing the need for diligence with avoidance of multiplicity of litigation.
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.
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