SRI. LAKSHMANNA Vs. SMT. VENKATALAKSHMAMMA AND ORS.

JUDGEMENT

(1.) THE petitioner has instituted a suit against the respondents to pass a judgment of declaration and perpetual injunction in respect of the property described in the schedule of the plaint. The respondents being the defendants in the suit have filed written statement and have sought dismissal of the suit. Issues were raised based on the pleadings. Petitioner filed I.A. 9 seeking permission to amend the plaint in the manner stated in the schedule of I.A. 9 and the same was opposed by the defendants. Learned Trial -Judge by an order dated 13.12.2011 has dismissed I.A. 9 on the grounds that, it is belated and has been filed just to fill up the lacuna and improve the case of the plaintiff in accordance with the defence taken by the defendants. Reliance was placed on a decision reported in : 2011(4) AIR Kar R 389 (Smt. Shobha Surendar & Another Vs. C.R. Nagaraja Setty and Others) to hold that an application filed for amendment of the plaint after commencement of trial cannot be allowed.

(2.) SRI . A. Nagarajappa, learned counsel submitted that the plaintiff is an illiterate person having no worldly knowledge and could not instruct his counsel to mention the new Sy. No. 50, instead of old Sy. No. 47 and that there is also an inadvertent typographical error. He submitted that neither there would be any change in the nature of the suit nor will the amendment introduce any new cause of action and the proposed amendment being just and necessary to decide all questions which have arisen for consideration, I.A. 9 ought to have been allowed and the order passed by the Trial Court, impugned herein being otherwise, warrants interference.

(3.) I .A. 9 is at Annexure -C to the writ petition. Two amendments have been sought. The first one relates to the number appearing in para 2 of the plaint i.e., '287/1978 -79' was sought to be corrected as '257/1978 -79' and to add a paragraph showing that "the survey no. having undergone a change while resurveying as 50 instead of 47, the plaint schedule to be corrected as Sy. No. 50 instead of Sy. No. 47".