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2018 Supreme(AP) 979

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATES OF TELANGANA AND ANDHRA PRADESH
M. Seetharama Murti, J.
BOLLINENI SRIHARI RAO - Appellant
Vs.
MANUKONDU RAMADEVI AND 4 OTHERS - Respondent
Civil Revision Petition No. 5554 of 2018
Decided On : 10-10-2018

Advocates Appeared:
M.R.S. Srinivas, Adv.

Headnote:

Amendment of Pleadings - Suit for Partition - Code of Civil Procedure, 1908 - Order VI Rule 17 - [Amendment of Pleadings] - [Suit for Partition] - [Code of Civil Procedure, 1908 - Order VI Rule 17]

Fact of the Case:

The suit involved a partition of properties between the plaintiff and the defendant. The 4th defendant filed an application to amend the plaint and the plaint schedule by adding two properties, which were omitted from the original schedule. The trial Court partly allowed the application, leading to the 1st defendant filing a revision petition.

Finding of the Court:

The Court found that the trial Court erred in permitting the 4th defendant to amend the plaint schedule. It held that a defendant cannot seek amendment of the plaint and/or the plaint schedule in a suit for partition. The Court set aside the impugned order and dismissed the application, reserving liberty to the 4th defendant to seek amendment of her written statement.

Issues: Whether the trial Court's decision to permit the 4th defendant to amend the plaint schedule was sustainable under facts and in law?

Ratio Decidendi: In a suit for partition, a defendant cannot seek amendment of the plaint and/or the plaint schedule. Any party seeking to amend pleadings should do so within the framework of their own pleadings, and not seek to amend the pleadings of the opposite party.

Final Decision: The Civil Revision Petition was allowed, the impugned order was set aside, and the application was dismissed. The 4th defendant was reserved liberty to seek amendment of her written statement, if she so desires and is so advised.

JUDGMENT/ORDER :

M Seetharama Murti, J.

This revision petition, under Article 227 of the Constitution of India, is filed by the petitioner - 1st defendant assailing the order, dated 14.09.2018, of the learned Principal District Judge, Prakasam District, Ongole, passed in IA.No.1955 of 2018 in OS.No.32 of 2004.

2. I have heard the submissions of Sri M. R. S. Srinivas, learned counsel appearing for the revision petitioner - 1st defendant, and of Sri G. Pedda Babu, learned senior counsel, on caveat, appearing for the 1st respondent - 4th defendant.

2.1 As this Court is inclined to dispose of the revision petition at the stage of admission, no notices are ordered to the 3rd respondent - 2nd plaintiff and other respondents - defendants in the suit.

3. The facts, which are necessary to be stated as a prelude to this order, in brief, are as follows: The sole plaintiff brought the suit against the defendant, who is his son, for partition of the plaint schedule properties, inter alia, alleging that the plaintiff and the defendant are entitled to a half share each in the plaint schedule properties. The defendant filed a written statement and is resisting the suit. On the death of the sole plaintiff, his wife and three daughters were impleaded as 2nd plaintiff and defendants 2,3 & 4 respectively, as per orders, dated 22.08.2017, of the trial Court passed in IA.No.1181 of 2017. After the impleadment of the parties, the 1st defendant filed an additional written statement. The defendants 3 & 4 filed separate written statements. During the pendency of the suit, the 4th defendant filed the subject Interlocutory Application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, requesting to amend the plaint and the plaint schedule as per the details mentioned in the memo of amendment. The proposed amendments as stated in the said memo apart from the amendments related to valuation of the relief and the Court fee are as follows:

"Add to para 3 of the plaint as follows:

An extent of Ac.1.31 cents belonging to late Bolineni Ramaiah covered by S.No.304/C/2A is the joint family property. 1st defendant fraudulently executed registered sale deed in favour of President of India for the purpose of National High Way in respect of Ac.0.72 cents out of Ac.1.31 cents and received a sum of Rs. 1,11,88,000/- is held by as a trustee to all the sharers. Hence the consideration amount of Rs. 1,11,88,000/- is shown as item no.18. Since the 1st defendant executed sale deed showing northern boundary as his remaining land which is an extent of Ac.0.59 cents is liable for partition and shown as item-19.

Amend prayer as follows:

(aa) For partition of items 18 & 19 of the plaint schedule into the respective shares of plaintiff and defendant.

Amend the plaint schedule by adding as follows:

Item No.18

Rs.1,11,88,000/- towards consideration amount of Ac.0.72 cents covered under Registered Sale Deed, dated 13.08.2014 executed by 1st defendant in favour of President of India.

Item No.19

Prakasam District, Ongole District Registration Koppolu Revenue Village merged with Ongole Municipal Corporation in Koppolu Village total extent in Survey No.304/C/2A is Ac.5.70 cents out of it Ac.1.31 cents from out of Ac.1.31 cents in the northern side portion of Ac.0.59 cents - bounded by:

EAST: Survey No.309 Aluri Ramanamma

SOUTH: Ac.0.72 cents covered under sale deed dated 13.8.2014 WEST: Railway land

NORTH: Bolineni Chalamaiah and another'

In the application filed by the 4th defendant for amendment of the plaint as well as the plaint schedule, the 1st defendant alone filed a counter and the plaintiff and other defendants reported no counter. On merits and by the order impugned, the learned District Judge partly allowed the application of the 4th defendant and directed to amend the plaint schedule by adding items 18 & 19 to the schedule of the plaint and rejected the 4th defendant's claim for amendment of pleadings in the plaint. Aggrieved of the said orders, the 1st defenda

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