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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
PRADEEP SINGH YERUR
H. Jayamma W/o Late L. Thippeswamy – Appellant
Versus
T. Vijaya W/o H. Thippeswamy – Respondent
| Table of Content |
|---|
| 1. relevance of amendment in written statement. (Para 5 , 6) |
| 2. opposition against the amendment application. (Para 7) |
| 3. criteria for allowing amendments under cpc. (Para 10 , 12 , 14 , 15 , 18) |
| 4. necessity of determining will for partition. (Para 19 , 20) |
| 5. order to allow amendment and set aside trial court's decision. (Para 21) |
ORDER :
1. Heard learned counsel for petitioners and learned counsel for respondents.
2. The petitioners are defendant Nos.1, 3, 4, 5, 6, 7 and 8, respondent Nos.1 and 2 are the plaintiffs and respondent Nos.3 to 6 are the co-defendants in O.S.No.93/2021 before the trial Court.
3. Parties are referred to as per their status before the trial Court.
4. The petition is filed by the petitioners aggrieved by the impugned order dated 24.09.2025 passed on I.A.No.18 in O.S.No.93/2021 by the Senior Civil Judge and JMFC, Hosadurga.
5. Brief facts of the case are as under:
The plaintiffs filed a suit for partition and separate possession against the defendants. Pursuant to filing of the suit, petitioner No.2-defendant No.3 filed written statement denying the case of the plaintiffs and contending that all the suit schedule properties are his absolute propertie
The court affirmed that amendments to pleadings should be allowed liberally to ensure effective adjudication of the real questions in controversy, provided they do not cause injustice to the other si....
(1) Amendment of plaint – Courts should adopt a liberal approach in granting leave to amend pleadings, however, same cannot be in contravention of statutory boundaries placed on such power.(2) Will –....
Amendments to written statements are essential for effective adjudication and should be allowed liberally, especially when new evidence is introduced.
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
The court disallowed amendments to pleadings that would change the nature of a partition suit or introduce claims not previously included, emphasizing the need to protect parties' rights.
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
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