A defendant challenged a trial court order allowing plaintiffs to amend their plaint in a civil suit. The High Court found no error, observing that an amendment does not prove allegations against her and that she would be heard before any findings. The writ petition was dismissed with liberty to file written statement.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 7766 OF 2024 (GM-CPC)
BETWEEN:
ASHA KUMAR, D/O JUMANILAL SHARMA, AGED ABOUT 64 YEARS, R/AT 19/9, 3RD FLOOR, NIDHA ARCH APARTMENTS, ASHOKA ROAD, COOKE TOWN, BENGALURU - 560 084.
…PETITIONER
(BY SRI. VIJAY SIMHA M.D, ADVOCATE)
AND:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. CHETAN NAG S, ADVOCATE FOR R1 TO R3; NOTICE TO R4 TO R7 DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI/MANDAMUS OR ANY OTHER APPROPRIATE ORDER OR DIRECTION OR A WRIT IN ANY NATURE FOR QUASHING THE IMPUGNED ORDER DATED 17/02/2024 PASSED ON IA NO. 11 IN OS NO. 3017/2023 ON THE FILE OF THE LEARNED LVII ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU AS PER ANNEXURE-X AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THE COURT MADE THE FOLLOWING:
ORDER
NC: 2024:KHC:19477 WP No. 7766 of 2024
false and it is filed only to make illegal gains and to harass the petitioners herein. It is their contention that under the circumstances, the trial Court erred in allowing the I.A.
Pending Interlocutory Applications, if any, stand disposed of.
Sd/JUDGE
CH
List No.: 1 Sl No.: 18 CT: BHK
1 issue framed by the court
Whether the trial court erred in allowing the plaintiffs' application to amend the plaint in O.S.No.3017/2023?
2 provisions across 2 enactments
Asha Kumar
Smt. Manmohan Kaur Ajith
Jagjit Singh
Smt. Raj Kiran Kaur
Smt. Manjit Kaur
Branch Manager, Ujjivan Small Finance Bank
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
