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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
A. Mohammed Rasool @ Mujeeb Pasha, S/o. Late Ameer Jain – Appellant
Versus
Vageeswari S., W/o. B.R. Srinivasa – Respondent
| Table of Content |
|---|
| 1. writ petition filed under article 227 against a trial court order. (Para 1 , 3) |
| 2. arguments for and against the amendment of the written statement. (Para 4 , 5) |
| 3. details on past judgments and remand orders relevant for the amendment. (Para 6 , 8 , 12) |
| 4. analysis on the principles of considering amendments in pleadings. (Para 9 , 10 , 11) |
| 5. trial court's decision to allow amendment upheld; writ petition dismissed. (Para 16 , 17) |
ORDER :
S.VISHWAJITH SHETTY, J.
1. This writ petition under Article 227 of the Constitution of India, is filed by the plaintiff with a prayer to set aside the order dated 02.01.2024 passed on IA.no.1/2023 in O.S.No.5100/2008 by the Court of XXXVII Addl. City Civil Judge, Bengaluru.
2. Heard the learned Counsel for the parties.
3. Petitioner herein has filed O.S.No.5100/2008 before the jurisdictional Civil Court at Bengaluru, seeking the relief of declaration of title and consequential relief of permanent injunction in respect of the suit schedule property. The respondent herein has filed her written statement and opposed the suit claim. IA-1/2023 was filed under Order VI Rule 17 CPC with a prayer to amend the original written statement filed o
Amendments to written statements should be allowed liberally to facilitate justice and avoid multiplicity of litigation, as long as they do not change the underlying defense.
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
Amendments to pleadings under CPC are permissible to ensure justice and proper adjudication, balancing the need for diligence with avoidance of multiplicity of litigation.
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
Amendments to written statements after commencement of trial require stringent adherence to procedural rules, especially regarding justification for delay and ensuring no change in the nature of the ....
The court emphasized the importance of due diligence and bona fide, legitimate, and necessary amendments, while rejecting mala fide, worthless, and dishonest amendments.
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