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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
B.R.MADHUSUDHAN RAO
B. Ramachandra Reddy, S/o.Late Raghunath Reddy, (died) – Appellant
Versus
Civil Revision Petition No.400 of 2023 – Respondent
ORDER :
B.R.MADHUSUDHAN RAO, J.
1. This Memorandum of Civil Revision Petition is filed under Article 227 of the Constitution of India assailing the order passed by the learned Senior Civil Judge at Shadnagar, Ranga Reddy District in IA.No.9 of 2023 in OS.No.13 of 2016, dated 06.01.2023.
2. It is mentioned in the cause title of the revision petition that respondent No.2 is not a necessary party in the petition.
3. Petitioner Nos.1 to 3, 5 are the plaintiff Nos.1 to 3, 5 and respondent No.1 is the respondent-defendant. Respondent No.2 is the petitioner No.4-plaintiff No.4 in IA.No.9 of 2023 in OS.No.13 of 2016.
4.1. Petitioners and respondent No.2 have filed IA.No.9 of 2023 in OS.No.13 of 2016 on 04.01.2023 under Section 151, Order 6 Rule 17 of Civil Procedure Code, 1908 (for short ‘CPC’) r/w Rule 128 of Civil Rules of Practice to amend the plaint for declaration of title and recovery of possession of suit land in survey No.11/A admeasuring Acs.02-34 guntas.
4. 2. Petitioner No.2 has sworn the affidavit in IA No.9 of 2023 on his behalf and also on behalf of other petitioners stating that petitioner No.1 died on 19.06.2020. Thereafter, they came on record and from the date of purchase of th
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.
Amendments to pleadings that do not introduce new claims may be allowed even after the trial has commenced, emphasizing judicial discretion in such matters.
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
[The court established that amendments to pleadings under Order VI Rule 17 of the CPC can be allowed at any stage of the proceedings, provided they do not change the fundamental nature of the suit an....
Revision under Art.227 allows interference only in cases of jurisdictional errors or patent perversities, which were not found here.
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
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....
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