High Court disposed of a writ petition filed to quash an order allowing amendment of plaint during reconsideration after appeal remand. The Court held no ground for interference. Petition dismissed.
The writ petition challenging the trial court's order allowing amendment of plaint was dismissed.
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.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 24TH DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR
Writ Petition No.145005/2020 (GM-CPC)
Between
Sri. Maruti S/o. Ramu Patil, Aged about 65 years, Occ: Agriculture, R/at Margai Galli, Kallehol, Tq. and Dist. Belagvi.
...Petitioner
(Sri. S.S.Yaligar & Sri. Mrutyunjay Tata Bangi, Advocates)
A n d
Sri. Fletcher Richard Ammanna, Since deceased by L.Rs.
2
... Respondents
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This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to issue a writ in the nature of certiorari or any other writ or direction and set aside the order passed by the I Additional Senior Civil Judge and Chief Judicial Magistrate, Belagavi, passed in O.S.No.34/2007 dated 04.02.2020 on I.A.No.29, copy as per Annexure-H, and dismiss the application by allowing the present writ petition.
This writ petition coming on for preliminary hearing, this day, the Court made the following:
ORDER
The Defendant No.2 has filed this writ petition, challenging the order dated 04.02.2020 passed by the I Additional Senior Civil Judge and Chief Judicial Magistrate, Belagavi, in O.S.No.34/2007, allowing I.A.No.29 filed under Order VI Rule 17 read with Section 151 of CPC.
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already adduced in the suit. After remand, the plaintiff filed an application for amendment of the plaint. The defendant No.2 filed objections to the said application.
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not suffer from any illegality or perversity. In view of the same, I do not find any ground to interfere with the order passed by the trial Court. Accordingly, the writ petition is dismissed.
Sd/JUDGE
*Svh/-
2 issues framed by the court
Whether the High Court ought to set aside the order of the trial court which allowed amendment of plaint after S.A. remand.
Whether the impugned order suffers from illegality or perversity requiring interference.
4 provisions across 2 enactments
Sri. Maruti S/o. Ramu Patil
Sri. Fletcher Richard Ammanna
Hemant Chandangochar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
