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THE HIGH COURT OF KARNATAKA
TARA VITASTA GANJU, J
MR. S N RAVICHANDRA, SMT. PRIYA RAVICHANDRA – Appellant
Versus
SMT. R J VIMALA SINCE DECEASED BY HER LRS – Respondent
| Table of Content |
|---|
| 1. challenge to the impugned order (Para 1) |
| 2. facts of the case presenting the need for amendment (Para 2 , 3) |
| 3. arguments presented by both sides on the amendment (Para 4 , 5 , 6) |
| 4. court's observations on the appropriateness of the amendment (Para 7 , 8 , 9) |
| 5. ratio decidendi regarding due diligence for amendments (Para 12 , 14) |
| 6. final ruling and dismissal of the petition (Para 15) |
CAV JUDGMENT
(PER: HON'BLE MS. JUSTICE TARA VITASTA GANJU)
1. The present petition seeks to challenge an order dated 30.01.2021, passed by the Court of the XI Additional City Civil Judge, Bangalore (hereinafter referred to as the ‘Impugned Order’). By the Impugned Order, in IA No.17, filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (hereinafter referred to as ‘the CPC’), filed by the petitioners/plaintiffs had been dismissed by the learned Trial Court and IA No.18 filed by defendant No.1(d) under Section 340 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.P.C.’) has also been dismissed. The challenge in the present petition is to the dismissal of I.A.No.17 filed by the petitioners.
2. The brief facts are that the petitioners/plaintiffs institute
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