Back
L. VICTORIA GOWRI
Krishnamoorthy (Died) – Appellant
Versus
K. Sundaresan – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order in I.A.No.74 of 2012 in O.S.No.88 of 2011 dated 14.03.2014 on the file of the III Additional District Judge, Trichy.)
This Civil Revision Petition is preferred as against the fair and decreetal order passed in I.A.No.74 of 2012 in O.S.No.88 of 2011 dated 14.03.2014 on the file of the III Additional District Judge, Tiruchirapalli. The suit in O.S.No.88 of 2011 was one for partition. The suit was filed on 08.06.2011. The plaintiffs and the defendants belong to the same family. The second plaintiff and the first defendant are the sons of the first plaintiff and the third plaintiff and the second defendant are the daughters-in-law of the first plaintiff. The third plaintiff is the wife of the second plaintiff and the second defendant is the wife of the first defendant respectively. For the sake of convenience, the parties herein are referred to as arrayed in I.A.No. 74 of 2012 in O.S.No.88 of 2011.
2. The first defendant in his written statement had pleaded that in his capacity as the power agent of plaintiffs 1 to 3, he has sold out the plaint sched
The main legal point established in the judgment is the discretionary power of the court to allow necessary amendments to pleadings for effective adjudication and to avoid multiplicity of proceedings....
Amendments to pleadings must be made in good faith and should not cause prejudice to the opposing party, especially if they seek to withdraw prior admissions.
The court determined that amendments to pleadings, which do not alter the suit's nature, can be allowed to address existing disputes effectively.
Amendments to pleadings should be allowed to facilitate justice when trial has not commenced and do not prejudice the opposing party.
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....
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 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....
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
