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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA
Ethadi Rajesher Reddy – Appellant
Versus
Pulugu Venkatesh – Respondent
| Table of Content |
|---|
| 1. common issues in revisions. (Para 1 , 2 , 3 , 4) |
| 2. dispute over suit schedule property. (Para 5 , 6) |
| 3. details of amendment application. (Para 7 , 8 , 9) |
| 4. opposition to amendment by defendants. (Para 10 , 11 , 12) |
| 5. supreme court guidelines on amendments. (Para 13 , 14 , 15) |
| 6. arguments against permitting amendments. (Para 16 , 17 , 18 , 19) |
| 7. court's reasoning to disallow amendment. (Para 20 , 21 , 22) |
| 8. final ruling of the case. (Para 23 , 24) |
ORDER :
RENUKA YARA, J.
1. Since the issue involved in both the revisions is one and the same, they are being heard together and disposed of by way of this common order.
2. Aggrieved by the docket orders dated 18.08.2022 passed in I.A.No.248 of 2017 in O.S.No.115 of 2023 (old O.S.No.12 of 2014) and I.A.No.251 of 2017 in O.S.No.114 of 2023 (old O.S.No.10 of 2014) by the learned Junior Civil Judge-cum-Judicial Magistrate of First Class at Nandimyadaram, both the revisions have been preferred by the petitioners-defendant Nos.11,12 and 14.
3. Heard Sri P.Srinivasa Rao, learned counsel appearing for the petitioners-defendant Nos.11, 12 and 14 and Sri G.Chandra Sekhar, learned counsel appearing for the 1st respondent-plaintiff.
4.
Amendments to pleadings must not alter the fundamental nature of the case or prejudice the opposing party; such amendments can be disallowed if they distort the original claims.
Amendments to pleadings under Order VI Rule 17 CPC to be liberally allowed if necessary for real controversy, no prejudice to other side, even post-written statement but pre-trial, to avoid multiplic....
Amendments to pleadings post-trial commencement are permissible if due diligence is shown, and inadvertent mistakes in boundaries can be corrected.
Amendments to pleadings under CPC are permissible to ensure justice and proper adjudication, balancing the need for diligence with avoidance of multiplicity of litigation.
The Court may allow amendment of pleadings at any stage of the proceedings for just decision of the case and to determine the real questions in controversy between the parties.
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