Case Note & Summary
The petitioner-plaintiff filed a suit for partition in O.S.No.62/2010 before the Senior Civil Judge and J.M.F.C, Channagiri. During the pendency of the suit, she filed an application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking to amend the plaint to include additional properties and to correct the description of existing properties. The trial court dismissed the application by order dated 01.07.2014 (Annexure-G), holding that the amendment would change the nature of the suit. Aggrieved, the petitioner approached the High Court of Karnataka under Articles 226 and 227 of the Constitution of India. The High Court observed that the amendment was sought before the commencement of trial and that the proposed amendment was necessary for the proper adjudication of the real controversy between the parties. The court noted that no prejudice would be caused to the respondents-defendants that could not be compensated by costs. Relying on the liberal approach to amendments under Order VI Rule 17 CPC, the High Court allowed the writ petition, set aside the impugned order, and permitted the petitioner to carry out the amendment subject to payment of costs of Rs. 2,000 to the respondents.
Headnote
A) Civil Procedure Code - Amendment of Pleadings - Order VI Rule 17 CPC - Liberal Approach - Pre-trial Amendment - The plaintiff sought amendment to include additional properties and correct description of existing properties in a partition suit. The trial court dismissed the application on the ground that the amendment would change the nature of the suit. The High Court held that the amendment was necessary for determination of the real controversy between the parties and that no prejudice would be caused to the defendants as the trial had not yet commenced. The court allowed the amendment, setting aside the trial court's order. (Paras 1-5)
Issue of Consideration
Whether the trial court was justified in dismissing the application for amendment of plaint filed by the plaintiff-petitioner under Order VI Rule 17 read with Section 151 CPC, seeking to include additional properties and correct the description of existing properties in a partition suit.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 01.07.2014, and permitted the petitioner to carry out the amendment subject to payment of costs of Rs. 2,000 to the respondents.
Law Points
- Amendment of pleadings
- Order VI Rule 17 CPC
- Liberal approach
- Pre-trial amendment
- Necessary for determination of real controversy
- No prejudice to opposite party
Case Details
2019 LawText (KAR) (05) 6
W.P. No. 40750 OF 2014 (GM-CPC)
Smt. Manjuladevi R Kamadolli for petitioner; Sri. N. R. Naik for respondents 2 to 5; Sri. A.D. Ramananda for respondents 9 and 10
Rangappa (since deceased by LRs) and others
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Nature of Litigation
Civil writ petition challenging order dismissing application for amendment of plaint in a partition suit.
Remedy Sought
Petitioner sought to quash the order dated 01.07.2014 passed by the Senior Civil Judge and J.M.F.C, Channagiri in O.S.No.62/2010 on I.A.No.VII, and to allow the amendment application.
Filing Reason
The trial court dismissed the petitioner's application for amendment of plaint under Order VI Rule 17 CPC, which the petitioner considered erroneous.
Previous Decisions
The trial court dismissed I.A.No.VII filed under Order VI Rule 17 read with Section 151 CPC by order dated 01.07.2014.
Issues
Whether the trial court was justified in dismissing the amendment application on the ground that it would change the nature of the suit.
Whether the amendment sought was necessary for the determination of the real controversy between the parties.
Submissions/Arguments
Petitioner argued that the amendment was necessary to include additional properties and correct descriptions, and that no prejudice would be caused to the respondents as trial had not commenced.
Respondents opposed the amendment, contending that it would change the nature of the suit.
Ratio Decidendi
Amendments to pleadings should be liberally allowed before trial if they are necessary for determining the real controversy between the parties and do not cause prejudice that cannot be compensated by costs.
Judgment Excerpts
Petitioner-plaintiff has filed a suit for partition in O.S.No.62/2010 invoking the writ jurisdiction of this Court for assailing the order dated 01.07.2014, a copy whereof is at Annexure-G made by the trial Court, whereby her application in I.A.VII filed under Order VI Rule 17 read with Section 151 of CPC, 1908 for amendment of plaint, has been dismissed.
The amendment sought is necessary for the determination of the real controversy between the parties and no prejudice would be caused to the respondents that cannot be compensated by costs.
Procedural History
The petitioner filed a suit for partition in O.S.No.62/2010. During pendency, she filed I.A.No.VII under Order VI Rule 17 read with Section 151 CPC for amendment of plaint. The trial court dismissed the application on 01.07.2014. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka.
Acts & Sections
- Code of Civil Procedure, 1908: Order VI Rule 17, Section 151
- Constitution of India: Articles 226, 227
