C K Shilpashree v. Yashowdamma
Civil Procedure – Amendment of pleadings – Order VI Rule 17 CPC
Case brief
What is this about?
High Court of Karnataka, Bengaluru; WP No. 15476 of 2021 (GM-CPC); Justice S Vishwajith Shetty; decided 12-12-2025. Plaintiff-petitioner C.K. Shilpashree challenged rejection of I.A.No.VII under Order VI Rule 17 CPC to amend/rectify schedule of plaint in partition suit O.S.No.279/2017 (II Addl. Civil Judge & JMFC, Chitradurga), filed during cross-examination of PW1. Holdings: liberal consideration of amendment applications to avoid multiplicity of litigation; proviso to Order VI Rule 17 CPC not a complete bar post-commencement of trial; amendment did not alter nature of suit or cause of action; monetary compensation for inconvenience to defendants. Outcome: writ petition allowed with ₹5,000/- costs; impugned order dated 25.05.2021 set aside; amendment granted. Keywords: amendment of pleadings, plaint schedule, Article 227, Karnataka HC, Chitradurga.
What did the court decide?
Writ petition allowed subject to payment of cost of Rs. 5,000/- by the plaintiff to the contesting defendants before the Trial Court on next date of hearing; impugned order dated 25.05.2021 passed on I.A.No.VII in O.S.No.279 of 2017 by Court of II Addl. Civil Judge & JMFC, Chitradurga set aside and the prayer made in I.A.No.VII granted; pending applications disposed of.