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A.VENKATESHWARA REDDY
Chakali Pentamma – Appellant
Versus
Chakali Balamma – Respondent
ORDER :
1. This Civil Revision Petition is filed under Article 227 of the Constitution of India, assailing the order dated 25.04.2019 in IA No.569 of 2019 in OS No.222 of 2012 on the file of the Senior Civil Judge, Sangareddy.
2. This application in IA No.569 of 2019 was filed by the plaintiffs under Order-I, Rule-10 read with Section 151 of the Civil Procedure Code, 1908 (for short ‘CPC’) for inclusion of certain lands in the schedule of properties.
3. The plaintiffs have filed the original suit No.222 of 2012 for partition and separate possession of plaint schedule properties. On receipt of suit summons, the defendants made appearance, written statement was filed, issues were settled, on behalf of plaintiffs evidence of PW.1 was filed, that witness was also cross-examined, but evidence of plaintiff is in progress. At that stage, the present application is filed by the plaintiffs under Order-I, Rule-10 r/w Sec.151 of CPC for inclusion of land in Survey Nos.213/A, 214/AA, 216/A and the house bearing No.4-93 in the schedule of property.
4. The main averments of the affidavit in support of this application are that when the suit was coming for plaintiffs’ further evidence, first plaintif
The main legal point established in the judgment is that an application for amendment of pleadings under Order-I, Rule-10 of CPC is not maintainable at a belated stage after commencement of trial, un....
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.
Post-trial amendments to pleadings are generally not favored by courts and may be rejected if they are barred by limitation, would cause prejudice to the opposite party, change the nature of the suit....
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 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....
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