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J. SREENIVAS RAO
K. Yadagiri S/o Late Muttaiah – Appellant
Versus
Laxmaiah Died per LRs. Ch. Krishna S/o Late Narsimha – Respondent
ORDER :
1. This revision petition is filed invoking the provisions of Article 227 of the Constitution of India, aggrieved by the order dated 20.12.2019 passed by the X Additional District and Sessions Judge (FTC) Ranga Reddy District at L.B. Nagar in I.A. No. 938 of 2018 in O.S. No. 819 of 2007, where-under the petition filed by the respondents/defendant Nos.1 to 7 to amend the written statement was allowed.
2. Heard Sri A. Ravinder Reddy, learned senior counsel appearing for the revision petitioners and Sri K. Naveen Kumar, learned representing Sri K.P. Vijay Kumar, learned counsel appearing for the respondents.
3. The revision petitioners herein are plaintiffs and the respondents are defendants in O.S. No. 819 of 2007. For the sake of convenience, the parties herein are referred to as they are arrayed in the suit in O.S. No. 819 of 2007 before the Court below.
4. Brief facts of the case:
Amendments to pleadings that do not introduce new claims may be allowed even after the trial has commenced, emphasizing judicial discretion in such matters.
High Court's jurisdiction under Article 227 is to ensure subordinate courts act within their authority; amendments to pleadings must be sought in good faith and with due diligence.
A plaintiff must state a cause of action and the question of limitation is to be determined at trial, not through an application to reject the plaint.
Amendments to pleadings must not alter the nature of the suit and must be sought with due diligence, particularly before trial commencement; claims based on adverse possession are limited to a 12-yea....
Amendments to the plaint should be allowed unless they change the nature of the suit or prejudice the defendants.
Revision under Art.227 allows interference only in cases of jurisdictional errors or patent perversities, which were not found here.
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