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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Saraswathamma @ Smt. K.R. Saraswathamma W/o Late K.V. Gopal – Appellant
Versus
Rathnamma W/o Late K.V. Thimmappa – Respondent
ORDER :
1. Petitioner-defendant No.13 is at the doors of this Court calling in question order dated 15-12-2023, by which the concerned Court allows application in I.A.No.7 filed under Order VI Rule 17 of the CPC seeking amendment of the plaint.
2. Facts in brief, germane, are as follows:
2.1. Brief facts that led the parties to the suit are necessary to be noticed. One Kodigehalli Thimmappa had 3 children namely K.T.Venkatappa, K.T.Narayanappa and Chennamma. K.T.Narayanappa had instituted a suit for partition in O.S.No.1309 of 1980 in respect of the property belonging to Kodigehalli Thimmappa. The suit was decreed by awarding half share to K.T.Venkatappa’s branch and half share to K.T.Narayappa’s branch. Final Decree Proceedings (‘FDP’ for short) were instituted in respect of the preliminary decree so drawn in FDP No.97 of 2002. Against the order passed in FDP, the parties therein approach this Court in RFA No.1489 of 2016. The said RFA is pending consideration at the hands of this Court.
2.2. When things stood thus, the 3rd respondent/plaintiff institutes a suit for partition and separate possession in O.S.5501 of 2021. Written statement is filed by the defendants therein. On 22-07-20
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.
(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....
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.
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....
Rule of amendment is essentially a rule of justice, equity and would conscious and the power of amendment should be exercised in the larger interest of doing full and complete justice to the parties ....
The main legal point established in the judgment is that the amendment of pleadings under Order VI Rule 17 of the CPC should be allowed only if it is necessary to determine the real issue in controve....
A trial court may allow filing of an additional written statement under Order 8 Rule 9 of CPC when trial has not commenced, emphasizing judicial discretion and the need to avoid prejudice in litigati....
The court upheld the ruling that amendments to pleadings are permissible to facilitate just adjudication without injustice, reaffirming established principles governing such applications under the Co....
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