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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
M.R. Raju @ M. Rajappa, S/o. Munigiddappa @ Chikka Appoji – Appellant
Versus
Jayamma, W/o. Shivanna – Respondent
| Table of Content |
|---|
| 1. petition filed by specific defendants. (Para 1 , 2 , 3 , 4 , 6) |
| 2. court analyzes amendment provisions under cpc. (Para 5 , 10 , 11 , 12 , 13 , 14) |
| 3. defendants object to plaintiff's amendment application. (Para 8 , 9) |
| 4. petition dismissed without interference. (Para 15 , 16) |
ORDER :
PRADEEP SINGH YERUR, J.
Learned counsel for petitioners does not press this petition as against petitioner Nos.1 to 8 and 11 to 31, as he has not filed vakalath on behalf of them. Hence, this petition is filed in respect of petitioner Nos.9 and 10, who are defendant Nos.5 and 6 before the trial Court and they are inclined to continue this petition.
2. This petition is filed by petitioner Nos.9 and 10 aggrieved by the impugned order dated 11.11.2025 passed on I.A.No.XXIII filed under Order VI Rule 17 of CPC in O.S.No.8735/2012 by the City Civil and Sessions Judge, Bengaluru.
3. In view of the learned counsel for petitioners not pressing this petition as against petitioner Nos.1 to 8 and 11 to 31, petitioner Nos.9 and 10 shall be treated as petitioner Nos.1 and 2. For the sake of brevity and easy understanding, they shall be referred to as defendant Nos.5 and 6 as per their status before the
Amendments to pleadings may be allowed post-trial if due diligence is demonstrated, and if they do not change the cause of action or result in injustice.
Amendments to pleadings should be granted only if they do not prejudice the other party; if the amendment is sought after trial has commenced, due diligence must be established.
The court emphasized that amendments should permit full adjudication of cases on their merits, allowing issues to be raised during trial rather than at the amendment stage.
Point of law: Amendments should be refused only where the other party cannot be placed in the same position as if the pleading had been originally correct, but the amendment would cause him an injury....
Court ruled that procedural amendment requests should be allowed even after the trial begins, provided they clarify existing claims and do not introduce new issues.
Amendments to pleadings after trial commencement require justification of delay and due diligence; lack of valid reasons leads to rejection to prevent prejudice.
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