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L. VICTORIA GOWRI
Nirmala Rani – Appellant
Versus
Pachan – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 04.10.2012 passed in I.A.No.268 of 2009 in A.S.No.107 of 2007 on the file of the Subordinate Judge, Kuzhithurai.)
1. This Civil Revision Petition has been filed assailing the order passed by the learned Subordinate Judge''s Court at Kuzhithurai in I.A.No.268 of 2009 in A.S.No.107 of 2007 dated 04.10.2012. The original suit in O.S.No. 292 of 1989 on the file of the District Munsif Court at Kuzhithurai was one for partition, demarcation of plaint ''B'' schedule property and declaration of the title and possession over plaint ''C'' schedule property and recovery of possession of plaint ''C'' schedule property. The suit was dismissed on merits on 22.06.2006. As against which, A.S.No.107 of 2007 was preferred by the plaintiffs 2 to 5 before the Subordinate Judge''s Court at Kuzhithurai. For the sake of convenience, the parties herein are referred to as arrayed in I.A.No. 268 of 2009 in A.S.No.107 of 2007.
2. During the pendency of the appeal suit, the appellant / plaintiffs preferred a petition in I.A.No.268 of 2009 seeking to amend the plaint o
The mandatory nature of the proviso to Order VI, Rule 17 of the Code of Civil Procedure, 1908, restricts the court's jurisdiction to allow amendments after the trial has commenced, emphasizing the ne....
Post-trial amendment cannot be granted without valid reasons, and the court's jurisdiction to allow such an application is limited by the proviso to Order VI Rule 17 of CPC.
An application to amend the plaint is maintainable even after passing of the preliminary decree, since the suit is not terminated and proceedings are continuous.
Amendments to pleadings should be allowed to facilitate justice when trial has not commenced and do not prejudice the opposing party.
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.
(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....
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