PRAKASH Vs. MALA

JUDGEMENT

(1.) This petition by defendant No.2 in OS No.236/2011, is directed against the impugned order dtd. 26/7/2018 passed on IA No.10 by the learned Principal Civil Judge and JMFC, Bagalkot, whereby the said application filed by respondent No.1/plaintiff under Order VI Rule 17 of CPC seeking amendment of the plaint was allowed by trial Court.

(2.) Heard the learned counsel for the petitioner and learned counsel for respondents No.1 to 3 and perused the material on record.

(3.) The material on record discloses that respondent No.1/plaintiff instituted the aforesaid suit seeking declaration, partition and separate possession of her alleged share in the suit schedule properties. The said suit is being contested by the petitioner/defendant. After completion of trial, respondent No.1/plaintiff filed instant application seeking amendment of the plaint by incorporating additional pleadings as regards their rights over the suit schedule properties and their respective value. The said application having been opposed by the petitioner, the trial Court proceeded to pass the impugned order and allowed IA No.10 by holding as under: