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SUBHENDU SAMANTA
Nidiganti Mallikarjuna Rao – Appellant
Versus
Kulluru Leelavathamma – Respondent
ORDER
The instant Civil Revision Petition has been preferred against the Order dated 19.02.2020 passed by the learned Senior Civil Judge, Gudur in I.A.No.496 of 2019 arising out of O.S.No.82 of 2011. The learned Court Below has rejected an application under Order VI Rule 17 C.P.C where the Petitioner/ Plaintiff tried to amend plaint.
2. The brief facts of the matter is that:
The petitioner being the plaintiff filed a suit for declaration of settlement deed dated 03.11.2009 as null and void. The settlement deed was executed in favour of the 1st respondent/ 1st defendant. The suit was contested by the defendant by filing Written Statement. Issues are framed. Thereafter, the suit was proceeded in the Trial. After conclusion of the trial, the matter was posted for arguments. At the stage, the petitioner/plaintiff filed application for amendment.
3. The brief facts of the amendment is that the plaintiff intends to seek a declaration of his title by the strength of a will executed by his brother namely Nidiganti Narayanarao.
4. The learned Court Below after hearing the parties has passed Impugned Order. The learned Court Below has opined that the proposed amendment sought for by the peti
Amendment of plaint – All amendments which are necessary for determination of real question in controversy between parties are required to be allowed, unless proposed amendment has propensity to caus....
The court reaffirmed that while amendments to pleadings should generally be allowed for justice, they may be dismissed if filed after significant delay without justification, especially if they chang....
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 may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
The main legal point established in the judgment is that the court may allow an amendment if it is imperative for proper adjudication of the case, and to avoid injustice and multiplicity of litigatio....
The court affirmed that amendments to pleadings are permissible at any stage before trial commencement, provided they do not cause injustice to the other party.
Amendments to pleadings under Order VI Rule 17 of CPC should be allowed if necessary for determining real issues, provided they do not cause injustice to the other party.
The court established that amendments to pleadings are permissible to ensure justice and effective adjudication, provided they do not introduce time-barred claims or fundamentally change the nature o....
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