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IN THE HIGH COURT FOR THE STATE OF TELANGANA
LAXMI NARAYANA ALISHETTY
Kollipara Tulasi Vara Prasad, S/o Late K.Basavayya Naidu – Appellant
Versus
Seelamsetty Alimelu Manga Thayaramma, W/o Late Seelamsetty Yathirajulu – Respondent
| Table of Content |
|---|
| 1. introduction and case background. (Para 1 , 2 , 4) |
| 2. petitioner's suit for partition and amendment request. (Para 5 , 6) |
| 3. court's analysis on limitation and past judgments. (Para 7 , 19 , 20) |
| 4. arguments challenging trial court's decision. (Para 8 , 10 , 13) |
| 5. final decision to allow revision petition. (Para 21 , 22) |
ORDER :
LAXMI NARAYANA ALISHETTY, J.
This Revision Petition is filed challenging the order dated 03.08.2023 passed in I.A.No.730 of 2022 in O.S.No.830 of 2013 on the file of the XXVI Additional Chief Judge, City Civil Court, Hyderabad, whereunder an application filed under Order VI Rule 17 CPC seeking to amend the plaint was allowed.
2. Heard Smt Manjari S.Ganu, learned counsel for petitioner and Sri B.N.Swamiji, learned counsel for the respondents.
3. The petitioner herein is defendant No.2 and respondent Nos.1 to 3 herein are the plaintiffs in the suit before the trial Court. It is mentioned in the affidavit that respondent Nos.4 to 9 are not necessary parties to the Revision Petition.
4. For convenience, hereinafter the parties are referred to as they are arrayed in the suit.
5. Brief factual matrix of the case relevant for adjudication of the present C
Amendments to pleadings cannot introduce time-barred claims, as this undermines the accrued rights of other parties involved.
The amendment of pleadings will be allowed even after the expiry of the statutory period of limitation if it does not constitute the addition of a new cause of action or raise a different case, but a....
Amendments to a plaint are permissible before trial commences if they do not introduce a new cause of action that is time-barred, preserving the rights of the defendants.
Point of law: High Court can interfere in exercise of its power of superintendence, when there has been a patent perversity in the orders of the Tribunals and Courts subordinate to it or where there ....
(1) Amendment in plaint – Issue of limitation would not be a factor to be considered by Trial Court while adjudicating amendment application.(2) By way of clever drafting, plaintiff cannot allow to m....
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