H Jayamma v. T Vijaya
Case brief
What is this about?
Amendment of written statement Order VI Rule 17 CPC; post-trial amendment application dismissed for delay and laches reversed by Karnataka HC; Will traced after written statement already marked Ex.D-27; partition suit O.S.93/2021 Hosadurga; liberal approach to amendment of written statement versus plaint; delay alone not ground to reject amendment based on existing facts; hypertechnical approach avoided where compensable by costs; genuineness of Will necessary to assign shares in partition; costs Rs.30,000 to plaintiffs; reliance on Dinesh Goyal (SC 2024), LIC v Sanjeev Builders (2022 SCC OnLine SC 1128), Pirgonda Hongonda Patil (AIR 1957 SC 363); plaintiffs/co-defendants permitted to disprove Will; Articles 226 and 227 writ; WP 30840 of 2025 decided 18.11.2025.
What did the court decide?
Writ petition allowed; impugned order dated 24.09.2025 on I.A.No.18 in O.S.No.93/2021 set aside; I.A.No.18 filed under Order VI Rule 17 of CPC allowed; petitioners permitted to carry out the amendment in the written statement; petitioners saddled with costs of Rs.30,000/- payable to respondents-plaintiffs on the next date of hearing before proceeding further; trial Court directed to expedite the 2021 suit, which has reached the final stage of arguments.