SHARANAPPA Vs. HANUMANTAPPA

JUDGEMENT

(1.) This petition is filed by the petitioner who is defendant No.3 before the trial Court, for a writ of certiorari to quash the order dtd. 16/4/2018, passed on I.A.No.9 filed under Order 6 Rule 17 read with Sec. 151 of CPC, in O.S.No.478/2012.

(2.) Petitioner/defendant No.3 filed his written statement in O.S.No.478/2012 by way of adopting the written statement filed by defendant No.1. Pursuant to the adoption of the written statement, the present petitioner filed an application seeking amendment of the written statement for incorporating the words 'out of which 6 acres 17 guntas' in the written statement in paragraph No.6 at internal page No.3, on the ground that there was a typographical mistake the actual measurement was wrongly mentioned. This application came to be objected by respondent/plaintiff and after hearing both the parties, the trial Court has dismissed the application for the reasons stated therein.

(3.) Learned counsel for petitioner contends that rejection of the application is bad in law as petitioner is only seeking to amend the written statement at paragraph No.6 at page No.3 by incorporating the words 'out of which 6 acres 17 guntas' is sought to be inserted. This insertion and amendment would not cause any change in the cause of action or nature of the suit and that it would not affect the plaintiff adversely. On these grounds he seeks to allow the writ petition, consequently to allow the application for amendment and set aside the order passed by the trial Court.