Smt. Anusuya v. Sri K T Krishna Reddy
Civil Procedure – Amendment of plaint – Order VI Rule 17 r/w Section 151 CPC
Case brief
What is this about?
Karnataka High Court, Bengaluru; WP No. 20546 of 2025 (GM-CPC); decided 13-08-2025 by Justice M. Nagaprasanna. Dismissal upheld of plaintiff's application under Order VI Rule 17 read with Section 151 CPC (I.A. No.4/2025) in O.S. No. 25714/2013 (LXXII Addl. City Civil and Sessions Judge, Mayo Hall Unit CCH 73) seeking amendment of plaint to bring on record or challenge a sale deed dated 16.8.2011. Plaintiff's knowledge of the sale deed since 2019 via Defendant No.50's written statement dated 16.12.2019; amendment sought at fag end of trial; due diligence; prima facie barred by limitation; Rs. 1,000 costs; no perversity found; no interference under Article 227 of the Constitution; writ petition dismissed.
What did the court decide?
The Court finds no perversity in the impugned order rejecting the amendment application and therefore no ground to exercise its jurisdiction under Article 227 of the Constitution of India to obliterate it.