UDAYAKUMAR SHETTY Vs. SEETHARAMA SHETTY

JUDGEMENT

(1.) This Petition seeks to call in question the order dtd. 9/8/2016 made by the learned Additional Sr. Civil Judge, Udupi, whereby the Application in IA No.20 filed inter alia under Order VI rule 17 r/w Order VII Rule 9 of CPC, 1908 in a pending Partition Suit in O.S.No.64/2002 has been negatived.

(2.) Despite service of notice, the respondents have chosen to remain unrepresented and that would not come in the way of this Court treating the case on its intrinsic merits.

(3.) Having heard the learned counsel for the Petitioners and having perused the Petition papers, this Court is inclined to grant indulgence in the matter inasmuch as, suit is one for Partition and separate possession of the subject properties. A particular stand was taken up by the Petitioners in their Written Statement as to 'B' Schedule Property. However, material particulars of the said stand somehow were not furnished and therefore, the subject Application had been moved seeking leave of the Court to amend the Written Statement for the purpose of offering the material particulars. Such amendments are generally to be allowed inasmuch as, the same would not result into prejudice to the other side of course, subject to payment of reasonable costs.