Shrimant Mahadaya Malbhage and Others v. Shivkant Mahadaya Malbhage and Others
Case brief
What is this about?
Amendment of plaint allowed where trial not yet commenced; writ petition against such allowance rejected. Partition and separate possession suit (Special Civil Suit No. 183 of 2023, Latur); amendment to add inadvertently omitted ancestral properties for complete adjudication; alleged 'no say' order and denial of opportunity raised but found to cause no sustainable objection; no illegality or jurisdictional error. Relies on Life Insurance Corporation of India Vs. Sanjeev Builders Pvt. Ltd. and Anr., AIR 2022 SC 4256. Exhibit-54; 6th Joint Civil Judge, Senior Division, Latur; S. G. Chapalgaonkar, J.; decided 01.04.2026; neutral citation 2026:BHC-AUG:14483; pending civil applications disposed of.
What did the court decide?
Amendments which are necessary for determining the real controversy between the parties ought to be allowed, particularly when the trial has not yet commenced.