LAKSHMI DEVI Vs. VIDYA

JUDGEMENT

(1.) THE petitioners have filed this writ petition challenging the order dated 21.11.2011 made on I.A. II in P & SC No. 168/2010 on the file of the Principal City Civil and Sessions Judge, Bengaluru, rejecting the application filed by them seeking for amendment of petition incorporating the correct year of marriage.

(2.) THE petitioners have filed P & SC No. 168/2010 seeking for issue of Succession Certificate, contending that the 1st petitioner is the legally wedded wife of late B V Ananda Kumar. In the petition, the petitioners have wrongly mentioned the year of marriage as 1985 instead of 1975. The 1st respondent had filed written statement. The petitioners realized their mistake and made IA No. II under Order 6 Rule 17 of CPC seeking for amendment of the petition. The Trial Court by an order impugned in the writ petition rejected the said application on the ground that such amendment cannot be permitted. Hence, the order made on I.A. No. II has been questioned in this writ petition.

(3.) THE petitioners have filed P & SC No. 168/2010 for issue of Succession Certificate contending that the 1st petitioner is the legally wedded wife of late B V Ananda Kumar and that the marriage was held at Tirupati in the year 1985 in para - 2 of the plaint. Subsequently, after filing the written statement, the petitioners noticed that the year of the marriage has wrongly been mentioned as 1985 instead of 1975. Hence, they filed I.A. No. 2 under Order VI Rule 17 read with Section 151 of CPC seeking for amendment before commencement of trial.