A plaintiff sought amendment of her plaint in a suit against a municipal corporation; the trial court rejected the application. The High Court held the amendment was relevant, did not alter the suit's nature, and allowed it.
Impugned order of 17.12.2022 set aside; I.A.II amendment allowed; respondent may file additional written statement.
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NC: 2024:KHC:297 WP No. 2096 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 2096 OF 2023 (GM-CPC)
BETWEEN:
SMT. PAPATHIYAMMA @ PARVATHAMMA, W/O LATE K. ARUNACHALAM, AGED ABOUT 75 YEARS, R/AT NEAR NCC OFFICE, SHREE SHREE SHIVAKUMARASAMIJI CIRCLE, B.H. ROAD, TUMAKURU - 572 102.
…PETITIONER
(BY SRI. SRINIVASA D.C., ADVOCATE)
AND:
Digitally signed by VANDANA S Location: HIGH COURT OF KARNATAKA
THE COMMISSIONER, TUMAKURU MAHANAGARA PALIKE, TOWN HALL CIRCLE, TUMAKURU - 572 102.
…RESPONDENT
(BY SRI. SUBRAMANYA R., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ON I.A NO.2 DATED 17/12/2022 PASSED BY THE HONBLE PRINCIPAL SENIOR CIVIL JUDGE, TUMAKURU, IN O.S. NO.274/2021 VIDE ANNEXURE-E AS ILLEGAL AND VOID AND FURTHER ALLOW I.A. NO.2 FILED BY THE
NC: 2024:KHC:297 WP No. 2096 of 2023
PETITIONER/PLAINTIFF FOR AMENDMENT OF PLAINT VIDE ANNEXURES-C AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition by the plaintiff in O.S.No.274/2021 on the file of the Principal Senior Civil Judge and CJM, Tumakuru, is directed against the impugned order passed on I.A.II filed by the petitioner-plaintiff whereby the said application filed under Order VI Rule 17 of the Code of Civil Procedure seeking amendment of the plaint by incorporating paragraphs-14A to 14D was dismissed by the trial Court.
NC: 2024:KHC:297 WP No. 2096 of 2023
respondent-defendant, who filed its written statement, pursuant to which, the trial Court framed the issues and posted the matter for evidence. Prior to commencement of trial, the petitioner-plaintiff filed the instant application under Order VI Rule 17 of CPC seeking permission to amend the plaint by incorporating the additional facts and grounds in support of her claim. The said application having been opposed by the respondent-defendant, the trial Court proceeded to pass the impugned order rejecting the application-I.A.II, aggrieved by which, the petitioner-plaintiff is before this Court by way of present petition.
NC: 2024:KHC:297 WP No. 2096 of 2023
plaint. It is, therefore, clear that the impugned order passed by the trial Court is contrary to the well settled principles of law governing the amendment of pleadings as enunciated in various judgments including the recent judgment of the Apex Court in the case of Life Insurance Corporation of India -vs-
Sanjeev Builders Private Limited and Others reported in AIR 2022 SC 4256 . Under the circumstances, I am of the considered opinion that the impugned order passed by the trial Court has occasioned to failure of justice warranting interference by this Court in the present petition which deserves to be allowed.
ORDER
NC: 2024:KHC:297 WP No. 2096 of 2023
same.
Sd/JUDGE
NSU/List No.: 1 Sl No.: 44 CT:SNN
1 issue framed by the court
Whether the trial court's rejection of I.A.II seeking amendment of the plaint under Order VI Rule 17 CPC warranted interference under Article 227?
Colour shows how this judgement treated each authority
Life Insurance Corporation of India vs Sanjeev Builders Private Limited and OthersRelied on¶4
AIR 2022 SC 4256 · Who else cites this
1 provisions across 1 enactments
Smt. Papathiyamma @ Parvathamma
The Commissioner, Tumakuru Mahanagara Palike
S.R.Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
