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IN THE HIGH COURT OF TELANGANA AT HYDERABAD
Surepalli Nanda
Ch.Santhosh Reddy – Appellant
Versus
Ch. Ram Reddy – Respondent
ORDER :
Surepalli Nanda, J.
Heard Sri Srikanth Hariharan, learned counsel appearing on behalf of the petitioners and Sri J.Narender, learned counsel appearing on behalf of the respondents.
2. This Civil Revision petition is filed challenging the propriety and legality of the orders dated 05.08.2024 passed in I.A.No.217 of 2023 in O.S.No.144 of 2012 on the file of the Principal District Judge at Jangaon whereby and whereunder the petition filed by the petitioners/plaintiffs under Order VI Rule 17 CPC was dismissed.
3. For the sake of convenience the parties are referred to as they are arrayed in the suit before the lower Court.
4. The plaintiffs filed the suit against Defendant Nos.1 to 13 for partition and separate possession of their two thirds share out of 1/4th share each to be allotted to defendant Nos.1 and 2, out of the plaint schedule property.
5. The trial of the suit commenced and the plaintiffs adduced their evidence. Now the suit is coming up for the evidence of the defendants. At this stage, the plaintiffs filed the petition seeking amendment of the plaint for including an extent of Ac.68.99 gts., in various survey numbers situated at Jangaon Village.
6. As can be seen from th
Amendments to plaint under Order VI Rule 17 CPC are not permissible post-trial commencement without due diligence, as it may cause prejudice to the opposing party.
Point of law: Amendments should be refused only where the other party cannot be placed in the same position as if the pleading had been originally correct, but the amendment would cause him an injury....
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.
In a suit for partition, amendment of pleadings is permissible even at a later stage when it does not alter the character of the suit and enables the court to fully adjudicate the dispute.
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.
Court allows amendment to plaint for effective adjudication, emphasizing necessity over procedural delay and potential multiplicity of proceedings, while ensuring justice is served.
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