Amendment of pleadings under Order 6 Rule 17 CPC may be allowed even after the trial has commenced if it is essential for the effective adjudication of the dispute and prevents multiplicity of proceedings, provided no irreparable prejudice is caused to the opposite party.

THIS W.P IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO SET ASIDE THE ORDER DATED 05/11/2025 ON IA.NO.18 UNDER ORDER 6 RULE 17 IN O.S.NO.446/2010 PASSED BY THE LEARNED SENIOR CIVIL JUDGE, ANEKAL VIDE ANNEXURE-C.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

This petition by the defendant No.1 in O.S.No.446/2010 is directed against the impugned order dated 05.11.2025 whereby the application – I.A.No.XVIII filed by the plaintiff under Order VI Rule 17 CPC was allowed by the Trial Court.

Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record.

A perusal of the material on record will indicate that respondent No.1 – plaintiff instituted the aforesaid suit against the petitioner – defendant No.1 and other defendants for partition and separate possession of their alleged share in the suit schedule properties and for other reliefs. The suit having been contested by the petitioner – defendant No.1, both sides adduced oral and documentary evidence, at the stage of defendants’ evidence, plaintiff filed the instant application – I.A.No.XVIII seeking permission to amend the plaint by incorporating additional pleadings including additional properties as hereunder:

“Under Order 6 Rule 17 read with Section 151 of the Civil Procedure Code that for the reasons sworn to the accompanying affidavit, the above named plaintiff prays that this Hon'ble Court may be pleased to permit the plaintiff to amend the plaint as detailed hereunder and dispose off the case on its merits, in the interest of justice, equity and law.

Proposed Amendment:

To incorporate para 7(b) in the plaint schedule

7(b). Plaintiff submits that, agricultural land bearing Sy.No.55/2 measuring 0-08 guntas and Sy.No.55/6 measuring 0.02 guntas, are ancestral properties in joint possession enjoyment of the plaintiff and defendants both properties are situated Bhakthipura Village, Attibele Hobli, Anekal Taluk, Out of income derived from the ancestral properties Khaneshumari No.742, site No.2, measuring East to West: on the northern side 16 feet, and on the southern side east to west: 20 feets and North to south: 50 feet, Total Measuring 2400 feets, together RCC building-commercial shops, situated at Attibele, Attibele Hobli, Anekal Taluk, Bangalore Urban District, has been purchased in the name of defendant No.1 who is Senior co-parcener of the joint family. Plot No.114, situated in converted Land bearing Sy.No.489 and Sy.No.491, measuring 1200 Sq. feets, situated at, Kothagandapalli Village, Kothagandapalli Village Panchayath limits, Union council of Hosur, Kelamangalam sub registration District, Hosur Taluk, Krishnagiri District, Tamil Nadu, has been purchased out of the joint family funds in the name of defendant No.1-N. Chowda Reddy who is the senior co-parcener of the joint family and he is managing the joint family affairs as kartha. All the above said properties are in joint possession and enjoyment of the plaintiff and defendants, liable for partition and plaintiff is entitle for 1/5 th share.

To incorporate as a Item No.3, 4 and 5 in the 'A' schedule in plaint schedule.

3. Agricultural land bearing Sy.No.55/6 measuring 0-02 guntas, bounded on:

East by: Rajakaluve

West by: Land of Venkata Reddy

North by: Land of Venkata Reddy

South by: Land of Venkata Reddy

4. Agricultural land bearing Sy.No.55/2 measuring 0-08 guntas, bounded on:

East by: Land of Ajja Reddy

West by: Land of Venkata Reddy

North by: Land of Venkata Reddy

South by : Government Road.

5. Site bearing No.2, Khaneshumari No.742, measuring East to West: on the northern side 16 feet, and on the southern side East to West: 20 feets and North to South: 50 feet, Totally Measuring 2400 feets, together RCC building - commercial shops, situated at Attibele, Attibele Hobli, Anekal Taluk, Bangal