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IN THE HIGH COURT OF JUDICATURE AT MADRAS
PUSHPA SATHYANARAYANA, J.
V. Padmanabha Kulasekara Doss @ P.K. Doss - Appellant
Versus
V. Sridharan - Respondent
Application Nos. 8172 to 8174 of 2014 in C.S. No. 33 of 2011
Decided On : 08-11-2016
Amendments - Civil Procedure - Order XIV Rule 8, Order VI Rule 17 - TOS No.34 of 2005 - The court discussed the amendments sought by the defendant in the additional written statement and the legal principles governing post-trial amendments. The court considered the relevance of the Letters of Administration, the limitations on amendments after trial commencement, and the impact of delay on the allowance of amendments.
Fact of the Case:
The plaintiff filed a suit for recovery of possession from the defendant and for damages for use and occupation. The defendant sought amendments to the additional written statement, arguing that the suit was not maintainable based on the Letters of Administration granted by the Court.
Finding of the Court:
The court dismissed the defendant's applications for amendments, emphasizing that the trial was over and the amendments were sought at a post-trial stage. The court considered legal precedents and held that the amendments were misconceived and an abuse of the process of the court.
Issues: The main issue was the allowance of post-trial amendments to the additional written statement and the relevance of the Letters of Administration in determining the maintainability of the suit.
Ratio Decidendi: The court's decision was based on the principles of Order VI Rule 17 of the Code of Civil Procedure, which restricts post-trial amendments, and legal precedents emphasizing the limitations on such amendments after the trial has concluded.
Final Decision: The court dismissed all the defendant's applications for amendments to the additional written statement.
(Prayer: Applications filed under Order XIV Rule 8 of O.S. Rules r/w Order VI Rule 17 of the Code of Civil Procedure seeking permission to make the following amendments to the additional written statement, viz.,
(i) Application No.8172 of 2014 - to add the following amendment as para No.12 of the additional written statement, viz., the plaint should be rejected, in view of the fact Letters of Administration were issued by this Court vide its judgment dated 15th June 2010 in TOS No.34 of 2005 to the plaintiff for administering of all the legacies mentioned in the Will and the plaintiff ought to have sought for administration of all the legacies as ordered in the Will and not for the legacy conferred on the plaintiff alone",
(ii) Application No.8173 of 2014 - to add the following amendment as para No.13 of the additional written statement, viz., the cause of action as stated in the plaint be not treated as cryptic as it fails to comply with Order VII Rule 11(a) of CPC, since the actual measurement in respect of the suit property being only 80 feet North to South and to give effect to legacies as per the Will 82.5 feet is required in North to South, which does not exist.
(iii) Application No.8174 of 2014 - to add the following amendment as para No.14 of the additional written statement, viz., the plaint with a prayer for recovery of the front portion of the suit property should not be rejected since being well aware of the contents of the Will the defendant and plaintiff renounced the rights as contained in the Will and the family arrangement was entered into between the defendant and the plaintiff in the year 1990 at the instance of the mother of defendant and plaintiff altering the disposition made under the Will giving the front portion to the defendant and rear portion to the plaintiff and as the defendant is continuing in possession of the front portion from the,
ORDER :
1. The defendant is the applicant, who has filed the above applications to permit him to make amendments in the additional written statement, which has already been filed.
2. For the sake of convenience, the parties are referred to here under according to their litigative status and ranking in the suit.
3. The plaintiff and the defendant are brothers. The suit is filed for recovery of possession from the defendant and for damages for use and occupation. The father of the plaintiff and the defendant died on 08.08.1987, leaving a Will behind. O.P.No.108 of 2005 was filed by the plaintiff for grant of Letters of Administration. As caveat was filed by the defendant, the said original petition was converted into TOS No.34 of 2005 and the same was allowed on 15.06.2010. After the Letters of Administration was granted, the present suit was filed by the plaintiff for recovery of possession in respect of the property allotted to him, under the Will.
4. Now, the defendant has filed the following amendment applications:
(a) In the amendment application filed by the defendant in A.No.8172 of 2016, it is stated that the plaintiff cannot maintain the suit for recovery of possession as he should only follow the directions given in the TOS about administering of the legacies left by the testator.
(b) The second amendment sought for in A.No.8173 of 2016, relates to a factual detail with respect to the Will, in which the actual measurement of the land, in respect of the suit property has only 80 feet "North to South" but, as per the Will, the measurement comes to 82.5 feet. Therefore, the Will cannot be given effect to.
(c) The third amendment in A.No.8174 of 2016 is with respect to para No.4 of the additional written statement wherein, it is stated about the family arrangement that has been entered into between the plaintiff and the defendant, after the demise of their father. As per the said settlement, the defendant had to occupy the front portion and the plaintiff to occupy the rear portion of the suit property.
5. The aforesaid amendments sought for by the defendant is veh
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