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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
Srinivasa, S/o. Pete Muniyappa – Appellant
Versus
Gange Gowda, S/o. K.G. Gowda – Respondent
ORDER :
S.VISHWAJITH SHETTY, J.
1. Defendant Nos.1 to 3 are before this Court in this writ petition filed under Article 227 of the Constitution of India, with a prayer to set aside the order dated 12.01.2024 passed on an interlocutory application filed under Order VI Rule 17 CPC in O.S.No.445/2020 by the Court of VIII Addl. Senior Civil Judge, Bengaluru Rural District.
2. Heard the learned Counsel for the parties.
3. O.S.No.445/2020 (Old No.1137/2005) is filed by the respondents herein before the jurisdictional Civil Court seeking the relief of permanent injunction restraining the defendants, their agents or anybody claiming under them from interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiff. In the said suit, defendants had filed written statement opposing the suit claim. When the suit was at the stage of recording the plaintiffs' evidence, application under Order VI Rule 17 read with Section 151 CPC was filed on behalf of plaintiffs to incorporate proposed paragraph nos.6(b) to 6(j) after paragraph 6(a) in the plaint, and also to amend the prayer column by incorporating a prayer to declare the plaintiffs as absolute owners in posses
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 written statements should be allowed liberally to facilitate justice and avoid multiplicity of litigation, as long as they do not change the underlying defense.
Amendments to pleadings under Order VI Rule 17 of CPC can be permitted even post-delay if they facilitate effective adjudication and do not cause injustice to the opposing party.
Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview.....
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for justice and do not change the nature of the suit.
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