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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
S. Raghuraj Reddy – Appellant
Versus
S. Shivraj Reddy – Respondent
ORDER :
G. RADHA RANI, J.
This Civil Revision Petition is filed by the petitioner – plaintiff aggrieved by the order of dismissal of I.A.No.350 of 2017 in O.S.No.122 of 1997 dated 22.11.2019 passed by the learned II Additional Chief Judge, City Civil Court, Hyderabad.
2. I.A.No.350 of 2017 is filed by the petitioner – plaintiff seeking permission to adduce oral and documentary evidence to substantiate his claim in respect of the amended item No.5 of “B” schedule property as per the amended plaint dated 10.04.2003 filed in the subject suit. The plaintiff filed an affidavit in support of the application stating that he filed O.S.No.755/1991 (old), 122/1997 (new) on the file of the II Additional Chief Judge, City Civil Court, Hyderabad against defendants 1 and 2 for partition and separate possession of A & B schedule properties. The item No.5 of “B” schedule property was described in the plaint as “One Hot Mixing Plant at Mansoorabad in Rangareddy District along with land value of Rs.7,00,000/-”. A preliminary decree directing partition of A & B schedule properties was passed on 26.10.1998. Against which, the defendant No.1 preferred appeal vide C.C.C.A.No.39 of 1999 on the file of the H
In partition suits, amendments to pleadings require foundational claims; evidence cannot be admitted without corresponding pleadings to substantiate property rights.
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.
Amendments to pleadings should be granted only if they do not prejudice the other party; if the amendment is sought after trial has commenced, due diligence must be established.
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.
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
The amendment of pleadings is permitted to clarify claims and ensure proper adjudication of disputes, especially when no trial has commenced, and does not change the suit's nature.
The delay in seeking amendment can be compensated by way of costs, and the court can invoke supervisory jurisdiction under Article 227 of the Constitution of India to set aside unsustainable orders.
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