Smt Rathnamma v. Smt N Subbamma @ Sunandamma
Case brief
What is this about?
The High Court allowed a writ petition challenging the trial court's rejection of an application to amend the plaint. The amendment sought to correct a typographical error in the prayer, specifying that only Plaintiff No. 1 — not the plaintiffs collectively — claimed absolute ownership. The defendants did not oppose the amendment. The High Court held that the trial court applied a hyper-technical approach by focusing solely on the delay without considering the corrective nature of the amendment or the prejudice to the plaintiffs if the error persisted. The impugned order was quashed and the amendment was allowed.
What did the court decide?
Writ petition allowed; impugned order dated 10.04.2019 quashed; I.A. No. 8 for amendment of plaint allowed; plaintiffs permitted to incorporate the proposed amendment subject to procedural requirements.