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IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
MR. R.NATARAJ, J
DEVINDRA S/O LATE GORKHANATH HIBARE – Appellant
Versus
BHARATHRAO DIED PER HIS LRS – Respondent
| Table of Content |
|---|
| 1. facts about plaintiff's request for partition. (Para 1 , 2 , 3) |
| 2. defendants claim prior partition. (Para 4 , 5) |
| 3. plaintiff seeks to amend plaint. (Para 6 , 7) |
| 4. court's reasoning on amendment rejection. (Para 8 , 9 , 12 , 13 , 14) |
| 5. arguments on the necessity of amendment. (Para 10 , 11) |
| 6. writ petition disposed with conditions. (Para 15) |
ORAL ORDER
The plaintiff in O.S. No.16/2013 pending on the file of the Principal Senior Civil Judge and CJM., Bidar, (henceforth referred to as ‘the Trial Court’) is before this Court challenging the rejection of the application (I.A. No.35) filed by him under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, ‘CPC’) to amend the plaint and to incorporate an additional prayer and additional pleadings.
2. The parties shall henceforth be referred to as they were arrayed before the Trial Court. The petitioner herein was the plaintiff while the respondents herein were the defendants before the Trial Court.
3. The suit in O.S. No.16/2013 was filed for partition and separate possession of the plaintiff’s 1/5th share in the suit schedule properties. The plaintiff claimed that he and the defendants constituted a joint f
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