Karnataka High Court
Smt Papathiyamma vs The Commissioner on 3 January, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:297
WP No. 2096 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 2096 OF 2023 (GM-CPC)
BETWEEN:
SMT. PAPATHIYAMMA
@ PARVATHAMMA,
W/O LATE K. ARUNACHALAM,
AGED ABOUT 75 YEARS,
R/AT NEAR NCC OFFICE,
SHREE SHREE SHIVAKUMARASAMIJI CIRCLE,
B.H. ROAD,
TUMAKURU - 572 102.
...PETITIONER
(BY SRI. SRINIVASA D.C., ADVOCATE)
AND:
THE COMMISSIONER,
Digitally TUMAKURU MAHANAGARA PALIKE,
signed by
VANDANA S TOWN HALL CIRCLE,
Location: TUMAKURU - 572 102.
HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SRI. SUBRAMANYA R., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
ON I.A NO.2 DATED 17/12/2022 PASSED BY THE HONBLE
PRINCIPAL SENIOR CIVIL JUDGE, TUMAKURU, IN O.S.
NO.274/2021 VIDE ANNEXURE-E AS ILLEGAL AND VOID AND
FURTHER ALLOW I.A. NO.2 FILED BY THE
-2-
NC: 2024:KHC:297
WP No. 2096 of 2023
PETITIONER/PLAINTIFF FOR AMENDMENT OF PLAINT VIDE
ANNEXURES-C AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This writ petition by the plaintiff in O.S.No.274/2021 on
the file of the Principal Senior Civil Judge and CJM, Tumakuru,
is directed against the impugned order passed on I.A.II filed by
the petitioner-plaintiff whereby the said application filed under
Order VI Rule 17 of the Code of Civil Procedure seeking
amendment of the plaint by incorporating paragraphs-14A to
14D was dismissed by the trial Court.
2. Heard the learned counsel for the petitioner and the
learned counsel for the respondent and perused the materials
on record.
3. The material on record discloses that the petitioner-
plaintiff instituted the aforesaid suit against the
respondent/defendant/Corporation for declaration, mandatory
injunction and other relief in relation to the suit schedule
immoveable property. The said suit is being contested by the
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respondent-defendant, who filed its written statement,
pursuant to which, the trial Court framed the issues and posted
the matter for evidence. Prior to commencement of trial, the
petitioner-plaintiff filed the instant application under Order VI
Rule 17 of CPC seeking permission to amend the plaint by
incorporating the additional facts and grounds in support of her
claim. The said application having been opposed by the
respondent-defendant, the trial Court proceeded to pass the
impugned order rejecting the application-I.A.II, aggrieved by
which, the petitioner-plaintiff is before this Court by way of
present petition.
4. A perusal of the material on record including the
impugned order will indicate that the trial Court has failed to
consider and appreciate that the proposed amendment was
relevant and necessary for adjudication of controversy between
the parties, particularly when the petitioner-plaintiff merely
sought to amplify the facts already pleaded by him in the
original plaint and the proposed amendment would not in any
way change or alter the nature or character of the suit or its
cause of action. Further the respondent-defendant would be
entitled to file its additional written statement to the amended
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plaint. It is, therefore, clear that the impugned order passed
by the trial Court is contrary to the well settled principles of law
governing the amendment of pleadings as enunciated in
various judgments including the recent judgment of the Apex
Court in the case of Life Insurance Corporation of India -vs-
Sanjeev Builders Private Limited and Others reported in AIR
2022 SC 4256. Under the circumstances, I am of the
considered opinion that the impugned order passed by the trial
Court has occasioned to failure of justice warranting
interference by this Court in the present petition which
deserves to be allowed.
5. In the result, the following:
ORDER
[a] The petition is hereby allowed.
[b] The impugned order, dated 17.12.2022, passed in
O.S.No.274/2021 by the Principal Senior Civil
Judge, Tumakuru, is hereby set aside.
[c] The application-I.A.II filed by the petitioner-plaintiff
seeking amendment of the plaint by incorporating
paragraphs-14A to 14D stands allowed.
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[d] Liberty is reserved in favour of the respondent-
defendant to file its additional written statement to
the amended plaint.
[e] All rival contentions on all aspects of the matter are
kept open and no opinion is expressed on the
same.
Sd/-
JUDGE
NSU/-
CT:SNN
