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NAGESH BHEEMAPAKA
S. Krishnamma – Appellant
Versus
S. Rajender Reddy – Respondent
ORDER :
1. These revisions emanate from the order dated 05.12.2023 passed by the Senior Civil Judge, Kalwakurthy, in I.A. No. 318 of 2023, and order of even date in I.A. No. 319 of 2023, in O.S. No. 148 of 2022.
I.A. No. 318 of 2023 was filed praying the Court to implead proposed respondents 3 to 6 as defendants 3 to 6 in the suit. Likewise, I.A. No. 319 of 2023 was filed praying to permit the plaintiff to amend the prayer in the plaint. By the impugned orders, the Trial Court allowed the applications. Aggrieved thereby, the defendants 1 and 2 are before this Court with these revisions, raising several grounds. For the sake of convenience, the parties will be referred to as they were arrayed before the Trial Court.
2. Heard Mr. Ch. Ramesh Babu, learned counsel for the petitioner/plaintiff and Mr. A.P. Suresh Ram, learned counsel for the respondents 1 and 2/defendants 1 and 2.
3. The plaintiff filed the suit OS No. 148 of 2022 for declaration of title and recovery of possession of suit schedule property. It is the case of the plaintiff that defendant No. 2 and one S. Bachi Reddy (proposed defendant No. 3) played criminal mischief on the deceased (S. Anthamma) by forging a SadaBainama (u
The court upheld the trial Court's discretion to allow amendments and addition of parties, emphasizing the necessity for effective adjudication and that the cause of action was continuous, thus not b....
The court emphasized strict adherence to limitation periods for amendments in civil suits and the necessity of including all consequential amendments as per procedural rules.
Purported equitable mortgage is hit by doctrine of lis pendens, since it is stated to have been entered fraudulently, deliberately, with a mala fide intention to defraud the plaintiff, that too pende....
Amendments to pleadings are permissible under Order VI Rule 17 of the CPC if they do not change the nature of the suit and are necessary for justice, even if filed after a delay.
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....
Amendments to pleadings under Order VI Rule 17 of CPC can be permitted even post-delay if they facilitate effective adjudication and do not cause injustice to the opposing party.
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