The High Court dismissed a Miscellaneous First Appeal challenging the rejection of an amendment application. The court held that an order rejecting an amendment application is not appealable under Order XLI Rule 1 or Order XLIII Rule 1 CPC.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
M.F.A.NO.390/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER 2021
BEFORE
THE HON’BLE MRS JUSTICE K.S.MUDAGAL
MISCELLANEOUS FIRST APPEAL NO.390/2021(CPC)
BETWEEN:
M.F.A.NO.390/2021
2
ALL ARE RESIDING AT RACHENAHALLI VILLAGE K.R.PURA HOBLI BANGALORE EAST TALUK … APPELLANTS
(BY SRI.B.CHANDRASEKHAR, ADVOCATE (ABSENT))
AND:
THE RESPONDENTS 1 TO 3 ARE RESIDING AT RACHENAHALLI VILLAGE K.R.PURA HOBLI
RESPONDENT NOS.4 TO 6 ARE RESIDING AT NO.354, NEAR VENUGOPALASWAMY TEMPLE ARABIC COLLEGE POST BANGALORE – 560 045 … RESPONDENTS
M.F.A.NO.390/2021
3
THIS MFA IS FILED UNDER ORDER 41 RULE 1 OF CPC, PRAYING TO SET ASIDE THE ORDER DATED 21.03.2020 PASSED IN O.S.NO.5689/2014 ON THE FILE THE XX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-32).
THIS MFA COMING ON FOR ORDERS THIS DAY, THE COURT DELIVERED THE FOLLOWING:
J U D G M E N T
The appellants have challenged the order of the trial Court rejecting their application for amendment. The said order is not appealable either under Order XLI
Rule 1 or Order XLIII Rule 1 of CPC.
Therefore the office objections are upheld and the
appeal is dismissed as not maintainable.
Sd/JUDGE
akc
3 issues framed by the court
Whether a Miscellaneous First Appeal under Order XLI Rule 1 CPC challenging a rejection of amendment application is maintainable.
Whether the High Court should dismiss the appeal for being non-maintainable.
Whether the objection raised by the State is upheld.
2 provisions across 1 enactments
Hanumantharayappa S/o Late Gangananna
Ashwathamma W/o Late Narayanappa
Sharamamma D/o Late Gangananna
Krishnamma W/o Late Ashwathappa
Gayathri D/o Late Ashathappa
Raghavendra S/o Late Ashwathappa
K.S. Mudagal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
