J.V. Srinivas vs J.V. Ramaiah and Others

Hon''ble Mrs. Justice B.V. Nagarathna

Though this writ petition is posted for orders, with the consent of counsel on both sides, it is taken up for final hearing.

This writ petition is directed against the order dated 29.7.2011, passed on I.A. No. 14, which is an application filed under Order 6 Rule 17 read with Section 151 of CPC. By the said order, the application has been dismissed.

The relevant, facts of the case are that the petitioner herein who is plaintiff No. 2 in O.S. No. 4963/2005 have filed a suit for partition and separate possession. They sought for a judgment and decree for partition and separate possession of 2/6th share in the suit schedule properties. During the pendency of the suit., at the stage of cross-examination of PW1, an application for amendment of the plaint was filed. The said application has been rejected. It is against, the said order, this writ, petition is filed.

I have heard the learned counsel for the petitioner and the learned counsel for the respondent Nos. 1 and 5. The other respondents are served.

Having regard to the fact that at para 12 of the plaint, the plaintiffs had sought liberty to amend the plaint and to furnish other details with regard to the suit schedule properties, by the proposed amendment, the petitioner/plaintiff No.2 sought to incorporate certain additional properties by seeking amendment of the schedule and certain averments with regard to the said additional schedule properties have been made. Having regard to the liberty sought by the petitioner in the plaint and in view of the fact that if the amendment is not allowed, the same would jeopardize the suit itself, it is just and necessary to allow the said amendment. The order impugned is quashed and the petitioner is at liberty to amend the plaint. The writ petition is allowed. Since the suit is of the year 2005, the trial court to dispose of the same as expeditiously as possible.