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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Shashikala Sriram Shetty – Appellant
Versus
Jagannath Honnaya Shetty (Deceased) – Respondent
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| 1. the basis of the plaintiffs' claim lies in their assertion of legal heirship over the disputed properties. (Para 4 , 6) |
| 2. amendments post-trial must meet the due diligence standard per order vi rule 17. (Para 17 , 19 , 21) |
| 3. the lack of due diligence voids the jurisdiction for permitting amendments to pleadings. (Para 24 , 30) |
| 4. the court's order reflects the decision to uphold the integrity of procedural rules. (Para 34) |
JUDGMENT :
1. Rule.
3. The petitioner/plaintiff no. 1 takes exception to an order dated 5th November 2024 passed by the learned Civil Judge, Pune whereby an application preferred by the respondent no. 2/defendant no. 2 seeking amendment in the written statement came to be allowed.
4.1 The petitioner and respondent nos. 8 and 9, have instituted the suit, being Special Civil Suit No. 1228 of 2017, for declaration that the plaintiffs have 3/5th share in the suit properties and defendant nos. 1 and 2 together have 1/5th share and defendant nos. 3 to 5 together have 1/5th share in the suit properties, partition, rendition of accounts and the consequential reliefs.
4.3 The plaintiffs assert defendant no. 6 is conducting the business of hotel Roopali (suit
Judicial discretion to amend pleadings is constrained by the need for due diligence; failure to exhibit such diligence invalidates post-trial amendment requests.
Failures in due diligence and attempts to withdraw admissions in pleadings preclude amendments in civil suits post-evidence closure.
The main legal point established in the judgment is the significance of due diligence in seeking amendments to pleadings, especially after the trial has commenced, to prevent delays in adjudication.
Amendments to pleadings after the commencement of trial are restricted and require demonstration of due diligence to be permitted.
Amendments to pleadings post-trial commencement require demonstration of due diligence; mere assertions are insufficient.
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