ASHWATHAMMA Vs. KEMPAMMA

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 5/11/2022 passed in O.S.No.683/2014 on the file of the Additional Senior Civil Judge and JMFC, Devanahalli (for short, 'the trial Court') whereby, the application under Order VI Rule 17 of the Code of Civil Procedure, 1908 for amendment filed by the petitioner-plaintiff was rejected by the trial Court.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) The material on record discloses that the petitioner-plaintiff instituted the aforesaid suit against the respondents-defendants for partition and separate possession of her alleged share in the suit schedule properties and for other reliefs. After conclusion of the evidence of the plaintiff, the respondents having led their evidence by way of examining DW.1, DW2 and DW3, at the stage of cross examination of DW.2 and DW.3, the petitioner filed the instant application seeking amendment of the plaint by incorporating additional pleadings in relation to the unregistered Partition Deed dtd. 11/7/1983. The said application having been opposed by the respondents, the trial Court proceeded to pass the impugned order rejecting the said application.